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NAVAL WAR COLLEGE 



INTERNATIONAL LAW 
DOCUMENTS 

REGULATION OF MARITIME WARFARE 



1925 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1926 



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OF THIS PUBLICATION MAY BE PROCURED^FROM 

THE SUPERINTENDENT OF DOCUMENTS 

GOVERNMENT PRINTING-OFFICE 

WASHINGTON, D. C. 

AT 

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V 



PREFACE 



The discussions on international law at the Naval War College 
have often concerned the regulation of maritime warfare. During 
the World War many States issued new or more extended rules for 
their naval forces. It is not possible to reprint all these, but it seems 
desirable to have typical rules of this and earlier periods easily 
available for comparison. 

It should be emphasized that the official version is in the lan- 
guage of the State issuing the rules. 

In 1925, as in recent years, George Grafton Wilson, LL. D., 
professor of international law in Harvard University, conducted 
the discussions on international law, under the auspices of the War 
College authorities. 

W. V. Pratt, 
Rear Admiral, United States Navy, 

President, Naval War College. 
June 5, 1926. 

in 



CONTENTS 

i 

Page 

Preface ni 

Preliminary note vi 

Explanation of references ix 

General provisions of regulations of maritime warfare 1 

Neutral jurisdiction 3 

Inviolability 3 

Innocent passage 6 

Sojourn 6 

Base 9 

Internment 9 

Submarines in neutral waters 10 

Special regulations 11 

Days of grace , 12 

Visit and search 16 

Time, place, and purpose 16 

Exercise of 19 

Vessels exercising 19 

Procedure 20 

Papers 38 

Resistance 43 

Prize 45 

Seizure 45 

Capture 45 

Care of prize 48 

Personnel , 55 

Bringing in 62 

Release 67 

Requisition 68 

Sequestration 72 

Destruction 72 

Ransom 81 

Asylum 82 

Adjudication 83 

Recapture 84 

Responsibility 85 

Enemy property 87 

Grounds of capture 87 

Liability 88 

Immunity 90 

Exemptions 91 

Enemy character 103 

Vessels 103 

Cargo 107 

Produce of enemy soil 108 

Persons, domicile 109 

Residents of occupied territory 109 

«' v 



VI CONTENTS 

I'age 

Neutral property 109 

Liability 109 

Transfer of flag 113 

Submarines 118 

Privateers 119 

Conversion I 120 

Convoy 121 

Blockade 126 

Contraband 140 

Unneutral service 170 

Communication 178 

Cables, submarine 178 

Radio 179 

Means and methods of warfare 182 

Limitations 182 

Prohibitions 182 

Requisitions 184 

Mines and torpedoes 184 

Bombardment 186 

War zones 189 

Retaliation 190 

Occupation 190 

Combatants 190 

Prisoners of war 191 

Wounded and dead 193 

Conventions between belligerants 195 

Responsibility 197 

Index 199 



INTERNATIONAL LAW DOCUMENTS— REGULATION OF 
MARITIME WARFARE 



During the period of the World War, 1914-1918, regulations re- 
lating to the conduct of maritime warfare were issued by many 
States. Some of these were published as regulations, others in de- 
crees and in varying forms, but prescribing conduct for maritime 
forces and defining rights and obligations of neutrals and belliger- 
ents. Many referred directly or indirectly to earlier formulations 
of rules, such as those of the Hague or other conventions and decla- 
rations, and to the resolutions of the Institute of International Law. 
There has often been marked difference in rules even when the same 
convention or other document has been their basis. Nearly all these 
documents are scattered and not easily available for comparison. 
For convenience in comparison a considerable number of these have 
been brought together in topical arrangement in the following pages. 

It is recognized that even under identic regulations there may be 
unlike practice, but a knowledge of the degree of uniformity in the 
written rules is desirable. Subsequent attempts to draw up inter- 
national conventions or to secure other international action may be 
facilitated by some acquaintance with what has already been done, 
and this comparison would also be helpful in drafting national rules 
which relate to conduct in time of war. 

In the Hague conventions and in the Declaration of London the 
official language is French. In other cases the language of the State 
issuing the rule is the official language. Some special instances of 
State orders and decrees have been inserted as illustrative. The in- 
structions relating to retaliatory measures have in general been 
omitted as outside the field of international law. 

Other rules, regulations, decrees, etc., not here printed, may be 
found in the Naval War College International Law Publications, 
particularly of the years 1915-1918. In the General Index to In- 
ternational Law Situations, Topics, and Discussions, 1901-1920, and 
indexes to subsequent volumes, references to special subjects may be 
found. 

vn 



EXPLANATION OF REFERENCES 



Br. O. in C British Order in Council: 

Aug. 20, 1914 (Declaration of London). 
Oct. 29, 1914 (Declaration of London). 
« Mar. 11, 1915 (enemy destination and origin). 
Mar. 23, 1915 (requisition). 
Oct. 10, 1915 (enemy character). 
Oct. 12, 1915 (contraband list). 
July 7, 1916 (Declaration of London). 
Jan. 6, 1917 (enemy destination and origin). 
Mar. 30, 1916 (Declaration of London). 

China, Reg China, prize regulations, 1917. 

D. of L Declaration of London, 1909. 

D. of P Declaration of Paris, 1856. 

Fr. Dec France, decree: 

Nov. 6, 1914 (Declaration of London). 
Mar. 13, 1915 (enemy origin and destination). 
Oct. 26, 1915 (enemy character). 
July 7, 1916 (Declaration of London not ap- 
plicable) . 

Fr. Ins France, Instructions sur Tapplication du droit 

international en cas de guerre, Dec. 19, 1912. 

Ger. App. P. C Germany, Appendix to Prize Code, 1914. 

Ger. O Germany, ordinance, Sept. 30, 1909. 

Ger. O. amendment Germany, ordinance amendment, Apr. 18, 1915. 

Ger. P. C Germany, Prize Code, 1916. 

Ger. P. C. amendment Germany, Prize Code amendment, July 16, 1917. 

Ger. P. O Germany, prize order, 1912. 

H. C Hague Convention: 

I. Conventions for the pacific settlement of 

international disputes 1899 and 1907. 
II. Convention respecting the limitation of the 
employment of force for the recovery of 
contract debts. 

III. Convention relative to the commencement of 

hostilities. 

IV. Conventions concerning the laws and cus- 

toms of war on land 1899 and 1907. 
V. Convention respecting the rights and duties 
of neutral powers and persons in war on 
land. 

VI. Convention relative to the status of enemy 
merchant ships at the outbreak of hostili- 
ties. 

VII. Convention relative to the conversion of 

merchant ships into warships. 
VIII. Convention relative to the laying of auto- 
matic submarine contact mines. 

IX. Convention respecting bombardment by 
naval forces in time of war. 
X. Conventions for the adaptation of the prin- 
ciples of the Geneva convention to mari- 
time war, 1899 and 1907. 

XI. Convention relative to certain restrictions 
on the exercise of the right of capture in 
maritime war. 
XII. Convention relative to the establishment of 
an international prize court. 

XIII. Convention respecting the rights and duties 

of neutral powers in maritime war. 

XIV. Declarations prohibiting discharge of pro- 

jectiles and explosives from balloons, 
1899 and 1907. 
6888—26 2 ix 



X EXPLANATION OF REFERENCES 

Institut Institut de Droit International les Lois de la 

Guerre Maritime dans les Rapports entre Belli- 
gerents, Manuel adapte" par 1' Institut de Droit 
International, session d'Oxford, 1913. 

Italy, Dec Italy, decree (Declaration of London), June 3, 

1915. 

Italy, P. R Italy, prize regulations, July 15, 1915. 

Jap. Dec Japan, declaration: 

Aug. 23, 1914 (contraband). 
Aug. 24, 1914 (days of grace). 

Jap. Reg Japan, regulations governing capture at sea, 1904, 

1914. 

Norway, Dec Norway, decree: 

Oct. 13, 1916. 
Jan. 30, 1917. 

Port. Dec .. Portugal, decree: 

Aug. 14, 1916 (contraband). 

Rus. Dec Russia, decree: 

Sept. 1, 1914 (Declaration of London). 
Dec. 8, 1914 (Declaration of London). 
Declaration, Nov. 8-21, 1916, (Declaration 
of London not applicable). 
Rus. Ins Russia, instructions concerning the stopping, ex- 
amining, and detaining of vessels, Sept. 1, 1914. 

Rus. P. O Russia, prize order, Feb. 4-17, 1916 (Declaration 

of London). 

Rus. Reg Russia, regulations on maritime prize, Mar. 27, 

1895. 

Spain, Dec Spain, decree: 

May 3, 1898. 
June 29, 1917. 

Spain, Ins Spain, instructions for the exercise of the right of 

visit, Apr. 24, 1898. 

Sweden, Dec Sweden, decree, July 19, 1916. 

U. S. Ins United States, instructions for the Navy of the 

United States governing maritime warfare, June, 
1917. 



REGULATION OF MARITIME WARFARE 



GENERAL PROVISIONS 

Extent of obligation. 

The provisions of the present convention do not apply except be- 
tween contracting powers, and then only if all the belligerents are 
parties to the convention. — VI, H. C. 1907 art. 6; VII, ib., art. 7; 
VIII, ib., art. 8; IX, ib., art. 8; X, ib., art. 18; XI, ib. art. 9; XIII, 
ib., art. 28. 

The present declaration is binding on the contracting power only 
in case of war between two or more of them. It shall cease to be 
binding from the time when, in a war between the contracting pow- 
ers, one of the belligerents is joined by a noncontr acting power.— 
IV, H. C. 1899, arts. 2, 3 ; XIV, ib. 1907. 

Art. 19. The commanders-in-chief of the belligerent fleets must 
see that the above articles are properly carried out; they will have 
also to see to cases not covered thereby, in accordance with the in- 
structions of their respective Governments and in conformity with 
the general principles of the present convention. — X, H. C. 1907. 

Obligation of naval forces. 

Art. 20. The signatory powers shall take the necessary measures 
for bringing the provisions of the present convention to the knowl- 
edge of their naval forces, and especially of the members entitled 
thereunder to immunity, and for making them known to the public. — 
X, H. C. 1907. 

Declaration of London, 1909. 

Preliminary provision. — The signatory powers are agreed in de- 
claring that the rules contained in the following chapters correspond 
in substance with the generally recognized principles of interna- 
tional law. — D. of L. 

Art. 65. The provisions of the present Declaration form an in- 
divisible whole. — D. of L. 

Art. 66. The signatory powers undertake to secure the reciprocal 
observance of the rules contained in this declaration in case of a war 
in which the belligerents are all parties to this declaration. They will 
therefore issue the necessary instructions to their authorities and to 
their armed forces, and will take the measures which are proper in 
order to guarantee the application of the declaration by their courts, 
and more particularly by their prize courts. — D. of L. 

1 



2 REGULATION OF MARITIME WARFARE 

Application of regulations. 

1. The provisions of the present regulations are applicable to all 
cases for which, in matters relating to maritime prizes, special rules 
are not established by conventions between Russia and other nations. 

Note. — Regarding the capture of enemy's property on shore or from shore 
special rules are observed. 

—Rus. Reg. 1895. 
Declaration of Paris, 1856. 

2. On the precise basis of the Paris declaration of April 4 (16), 
1856, the following rules are observed in the application of these 
regulations: (1) Letters of marque are not issued in the name of 
private persons; (2) a neutral flag covers a hostile cargo, with the 
exception of contraband of war; (3) neutral goods, with the excep- 
tion of contraband of war, are not subject to confiscation under a 
hostile flag; and (4) a blockade, in order to be considered obliga- 
tory, must be effective — that is, it must be maintained with sufficient 
military forces to actually prevent access to the hostile shore. — Rus. 
B,eg. 1895. 

Application of rules. 

4. In determining the application of those rules of these regula- 
tions which limit the right of stopping, examining, detaining, and 
confiscating the vessels of a hostile or neutral power and its subjects, 
on the principle of reciprocity, the Imperial Government reserves 
to itself the right to admit a departure from the rules mentioned, in 
the case of a hostile or neutral power from which it is impossible to 
expect their observance, and to conform the steps which it takes in the 
matter to the special circumstances of a given case. — Rus. Reg. 1895. 

Art. X. Concerning matters not provided for in the law, treaties, 
and these regulations, the rules of international law shall be ap- 
plied.— Jap. Reg. 1904. 

Art. 5. The provisions of an international treaty regarding war 
shall be applicable only when all the belligerents are parties thereto. 
And it must be borne in mind that a State which ratifies or becomes 
a party to a treaty reserving certain articles thereof will not be 
bound by those articles. — Jap. Heg. 1914. 

49. Other particulars which are not provided in the present regu- 
lations shall be carried out according to the order of the Govern- 
ment, treaty provisions, and customary practice of international 
law. — China, Reg. 1917. 

Enforcement of regulations. 

50. The present regulations shall be enforced on the date of their 
promulgation. — China, Heg. 1917. 

Art. 8. The present decree shall come into force immediately and 
all legislation contrary thereto is hereby revoked. — Port. Dec. 1916. 



REGULATION OF MARITIME WARFARE O 

NEUTRAL JURISDICTION 

INVIOLABILITY 
Belligerents to respect. 

Art. 1. Belligerents are bound to respect the sovereign rights of 
neutral powers and to abstain, in neutral territory or neutral waters, 
from any act which would, if knowingly permitted by any power, 
constitute a violation of neutrality. — XIII, H. C. 1907. 

Art. 1. Les regies speciales a la guerre maritime ne sont applica- 
bles qu'a la pleine mer et aux eaux territoriales des belligerants a 
l'exclusion des eaux qui, sous le rapport de la navigation, ne doivent 
pas etre considerees comme maritimes. Institut, 1913. 

1. Belligerents are bound to respect the sovereign rights of neutral 
powers and to abstain, in neutral territory or neutral waters, from 
all acts which would constitute, on the part of the powers which 
knowingly permitted them, a nonfulfillment of their neutrality. — 
U. S. Ins. 1917. 

No hostilities in. 

Art. 2. Any act of hostility, including capture and the exercise of 
the right of search, committed by belligerent warships in the territorial 
waters of a neutral power, constitutes a violation of neutrality and 
is strictly forbidden.— XIII, H. C. 1907. 

12. All acts of hostility, including capture and the exercise of the 
right of visit and search, committed by belligerent ships of war in 
the territorial waters of a neutral power, constitute a violation of 
neutrality and are strictly forbidden. — U. S. Ins. 1917. 

22. Vous vous conformez strictement aux interdictions imposees 
aux belligerants par la Convention XIII da La Haye, du 18 octobre 
1907, concernant les droits et devoirs des Puissances neutres en cas 
de guerre maritime. — Fr. Ins. 1912 ; Art. 21, 1916. 

Art. 3. The right of capture does not hold — 

(a) Within neutral waters ; i. e., within a sea area, 3 sea miles wide, 
measured from the low-water coast line, bordering the coast and the 
islands and indentations appertaining thereto. As appertaining are : 
Islands which are not farther than 6 miles distant from one of the 
mainland coasts of the same State; indentations whose coast is ex- 
clusively in the possession of the neutral State and whose opening is 6 
sea miles or less wide. 

(b) Within those waters which are by convention closed to opera- 
tions of war or to ships of war. These are : 

(a) The Suez Canal, including its entrance harbors and a sea area of 3 sea 
miles beyond them. (Art. 4, sec. 1, of the treaty of Constantinople of October 
29, 1888.) 



4 REGULATION OF MARITIME WARFARE 

(/3) The Bosphorus and the Dardanelles, so far as Turkey is not herself 
a belligerant, (Treaty of London concerning narrow seas of July 13, 1841; 
art 10 of the Peace of Paris of March 30, 1865, and Appendix I thereto ; art 2 
of the treaty of London of March 13, 1871 ; art. 63 of the treaty of Berlin of 
July 13, 1878.) 

(7) The waters of Corfu and Paxe, so far as no other power than Greece, 
Great Britain, France, Russia, Austria-Hungary, and Germany are parties to 
the war. (Art. 2 of the treaty of London of November 14, 1863, and art. 2 of 
the treaty of London of March 24, 1864.) 

(5) The mouths of the Danube. (Art. 42 of the treaty of Berlin of July 13, 
1878.) 

(e) The mouths of the Congo and Niger and the coastal waters adjacent 
thereto. (General agreement of the Berlin conference of February 26, 1888, 
arts. 25 and 33.) The right of capture may also be no further exercised when 
a merchant vessel during the course of pursuit or while under visit and 
search reaches the waters referred to in (a) and (6). — Ger. O. 1909. 

Art. 3. Prize law may only be exercised on the high seas not within 
neutral territorial waters ; i. e., within waters which, for a distance of 
3 nautical miles from low-water mark, fringe the coast, together with 
the adjacent islands and bays. This includes islands if they are 
not more than 6 nautical miles distant and bays if their coast line 
is exclusively in the possession of neutral States and their entrance 
is not more than 6 nautical miles wide. A war vessel may, of course, 
pass through neutral territorial waters in order to hold up a ship 
outside these limits. International channels are also neutral terri- 
torial water, where they are less than — nautical miles wide; this 
must be taken into account in the case of operations in the sound. 
Should the ship be held up just outside territorial waters, she should 
first of all and without any delay be declared captured, and her ex- 
amination should only be proceeded with after it has been satis- 
factorily shown that her capture took place outside the territorial 
limit; should this not have been the case the vessel should at once 
be released. In this way alone can the ship be prevented from escap- 
ing into neutral waters before she has been declared captured and 
thus having to be released. — Ger. P. C. 1916. 

16. The stoppage, examination, and detention of hostile or sus- 
picious vessels and cargoes is permitted throughout the extent of 
the ocean and other waters, with the exception of those under the 
dominion of a neutral power or those excluded from military opera- 
tions by special international agreements. — Rus. Reg. 1895. 

Art. 3. When a ship has been captured in the territorial waters of 
a neutral power, this power must employ, if the prize is still within 
its jurisdiction, the means at its disposal to release the prize with its 
officers and crew, and to intern the prize crew. If the prize is not 
in the jurisdiction of the neutral power, the captor government, 011 
the demand of that power, must liberate the prize with its officers 
and crew.— XIII, H. C. 1907. 



NEUTRAL. JURISDICTION O 

Art. 22. A neutral power must similarly release a prize brought 
into one of its ports under circumstances other than those referred to 
in Article XXI.— XIII. H. C. 1907. 

Art. 3. A ship seized in violation of the foregoing provisions is 
to be relased immediately, especially at the request of the neutral 
government. — Ger. O. 1909. 

3. Seas subject to the sovereign jurisdiction of neutral powers are 
absolutely inviolable; right of visit may not, therefore, be resorted 
to within them, even if it be alleged that it was attempted to exer- 
cise such right in the open sea, and that, on chase being given, and 
without losing sight of the vessel pursued, the latter penetrated into 
neutral waters. Neither may the violation of the rights attaching to 
such waters be justified under the pretext that the coast washed 
thereby was undefended or uninhabited. — Spain, Ins. 1898. 

31. To the original owner of property detained on waters situated 
within the dominions of a neutral power or excluded from military 
operations by special international agreements this property is re- 
turned, and damages caused by its detention or injury are only 
made good on the demand of the proper neutral power or the power 
which participated in the agreement mentioned, and provided that 
such demand be made within the course of a year from the day the 
property was retained. If, however, such demand is not made with- 
in the course of the period mentioned the detained property is con- 
fiscated for the benefit of the government, without any reward be- 
ing given to the person who detained it. — Kus. Reg. 1895. 

Art. II. No visit, search, or capture shall be made in neutral 
waters nor in waters clearly placed by treaty stipulations outside the 
zone of hostile operations. — Jap. Reg. 1904. 

Art. 2. Capture at sea shall not be made and other hostile actions 
shall not be taken in the territorial waters of a neutral country. — 
Jap. Reg. 1914. 

Art. 4. A prize court can not be set up by a belligerent on neutral 
territory or on a vessel in neutral waters. — XIII, H. C. 1907. 

2. No visit, search, or capture of a merchant vessel shall be made 
in the territorial waters of a neutral country or the waters of a terri- 
tory which by international treaty stipulation is neutralized. — China, 
Reg. 1917. 
Duty of neutral to protect. 

Art. 25. A neutral power is bound to exercise such surveillance as 
the means at its disposal allow to prevent any violation of the pro- 
visions of the above articles occurring in its ports or roadsteads or in 
its waters.— XIII, H. C. 1907. 
Right of neutral to act. 

Art. 26. The exercise by a neutral power of the rights laid down in 
the present convention can under no circumstances be considered as 



6 REGULATION OF MARITIME WARFARE 

an unfriendly act by one or other belligerent who has accepted the 
article relating thereto.— XIII, H. C. 1907. 

INNOCENT PASSAGE 

Art. 10. The neutrality of a power is not affected by the mere pas- 
sage through its territorial waters of warships or prizes belonging to 
belligerents.— XIII, H. C. 1907. 

2. The neutrality of a power is not affected by the mere passage 
through its territorial waters of ships of war or prizes belonging to 
belligerents. — U. S. Ins. 1917. 

SOJOURN 
Regulations impartial. 

Art. 9. A neutral power must apply impartially to the two bellig- 
erents the conditions, restrictions, or prohibitions made by it in 
regard to the admission into its ports, roadsteads, or territorial 
waters, of belligerent warships or of their prizes. Nevertheless, a 
neutral power may forbid a belligerent vessel which has failed to 
conform to the orders and regulations made by it, or which has vio- 
lated neutrality, to enter its ports or roadsteads. — XIII, H. C. 1907. 

24-hour interval. 

Art. 16. When warships belonging to both belligerents are present 
simultaneously in a neutral port or roadstead, a period of not less 
than 24 hours must elapse between the departure of the ship belong- 
ing to one belligerent and the departure of the ship belonging to the 
other. The order of departure is determined by the order of arrival, 
unless the ship which arrived first is so circumstanced that an exten- 
sion of its stay is permissible. A belligerent warship may not leave 
a neutral port or roadstead until 24 hours after the departure of a 
merchant ship flying the flag of its adversary. — XIII, H. C. 1907. 

8. When ships of war of opposing belligerents are present simul- 
taneously in the same neutral port or roadstead, a period of not less 
than 24 hours must elapse between the departure of a ship belonging 
to one belligerent and the departure of a ship belonging to the 
adversary. — U. S. Ins. 1917. 

Art. 12. In the absence of special provisions to the contrary in 
the legislation of a neutral power, belligerent warships are not per- 
mitted to remain in the ports, roadsteads, or territorial waters of 
the said power for more than 24 hours, except in the cases covered 
by the present convention. — XIII, H. C. 1907. 

Art. 13. If a power which has been informed of the outbreak of 
hostilities learns that a belligerent warship is in one of its ports or 
roadsteads, or in its territorial waters, it must notify the said ship 
to depart within 24 hours or within the time prescribed by local 
regulations.— XIII, H. C. 1907. 



NEUTRAL JURISDICTION 7 

5. In the absence of special provisions to the contrary in the 
legislation ordinances, or treaties of the neutral power, belligerent 
ships of war are forbidden to remain in the ports, roadsteads, or 
territorial waters of the said power for more than 24 hours, except 
in the cases covered by paragraphs 6, 7, 8, 9, 10, and 17. — U. S. 
Ins. 1917. 

Extension of stay. 

Art. 14. A belligerent warship may not prolong its stay in a neu- 
tral port beyond the permissible time except on account of damage 
or stress of weather. It must depart as soon as the cause of the 
delay is at an end. The regulations as to the question of the 
length of time which these vessels may remain in neutral ports, 
roadsteads, or waters, do not apply to warships devoted exclusively 
to religious, scientific, or philanthropic purposes. — XIII, H. C. 1907. 

6. A belligerent ship of war must not prolong its stay in a neu- 
tral port beyond the period legally allowed except on account of 
damage or stress of weather. It must depart as soon as the cause 
of the delay is at an end. — U. S. Ins. 1917. 

Number of vessels. 

Art. 15. In the absence of special provisions to the contrary in 
the legislation of a neutral power, the maximum number of warships 
belonging to a belligerent which may be in one of the ports or road- 
steads of that power simultaneously shall be three. — XIII, H 
C. 1907. 

4. In the absence of special provisions to the contrary in the 
legislation, ordinances, or treaties of the neutral power, the maxi- 
mum number of ships of war belonging to one belligerent which 
may be in one of the ports or roadsteads of that power simul- 
taneously shall be three. — U. S. Ins. 1917. 

Religious, scientific, philanthropic vessels. 

7. The regulations as to the limitation of the length of time which 
belligerent ships of war may remain in neutral ports, roadsteads, 
or waters do not apply to ships of war devoted exclusively to 
religious, scientific, or philanthropic purposes. — U. S. Ins. 1917. 

Order of departure. 

9. The order of departure is determined by the order of arrival, 
unless the ship which arrived first is so circumstanced that an ex- 
tension of the period of stay legally allowed is admissible. — U. S. 
Ins. 1917. 

10. A belligerent ship of war must not leave a neutral port or 
roadstead until 24 hours after the departure of a merchant ship 
flying the flag of its adversary. — U. S. Ins. 1917. 



8 REGULATION OF MARITIME WARFARE 

Victualing and coaling. 

Art. 19. Belligerent warships may only revictual in neutral ports 
or roadsteads to bring up their supplies to the peace standard. 
Similarly these vessels may only ship sufficient fuel to enable them 
to reach the nearest port in their own country. They may, on the 
other hand, fill up their bunkers built to carry fuel, when in neutral 
countries which have adopted this method of determining the 
amount of fuel to be supplied. If, in accordance with the law of 
the neutral power, the ships are not supplied with coal within 24 
hours of their arrival, the permissible duration of their stay is ex- 
tended by 24 hours.— XIII, H. C, 1907. 

15. Belligerent ships of war may not revictual in neutral ports or 
roadsteads except to complete their normal peace supply subject to 
the approval of the neutral authorities. — U. S. Ins. 1917. 

16. Similarly these vessels can take only such fuel and ship sup- 
plies as are, in the opinion of the neutral authorities, sufficient to 
enable the vessels to reach the nearest port of their own country. 
They may, on the other hand, fill up their bunkers properly so 
called when in neutral countries which have adopted this method 
of determining the amount of fuel to be supplied. — U. S. Ins. 1917. 

17. If, in accordance with the law of the neutral power, the ships 
are not furnished with fuel, and victuals and ship supplies and 
necessary repairs within 24 hours after their arrival, the lawful 
duration of their stay may be extended a reasonable period by the 
neutral authorities. — U. S. Ins. 1917. 

Art. 20. Belligerent warships which have shipped fuel in a port 
belonging to a neutral power may not within the succeeding three 
months replenish their supply in a port of the same power. — XIII, 
H. C. 1907. 

18. Belligerent ships of war which have taken fuel, victuals, and 
ship's supplies in a port of a neutral power can not within the suc- 
ceeding three months replenish their supply in a port of the same 
power.— U. S. Ins. 1917. 

Repairs. 

Art. 17. In neutral ports and roadsteads belligerent warships 
may only carry out such repairs as are absolutely necessary to render 
them seaworthy, and may not add in any manner whatsoever to 
their fighting force. The local authorities of the neutral power 
shall decide what repairs are necessary, and these must be carried 
out with the least possible delay. — XIII, H. C. 1907. 

19. In neutral ports and roadsteads belligerent ships of war can 
carry out such repairs only as are absolutely necessary to render 
them seaworthy, and may not add in any manner whatsoever to 
their fighting force. The authorities of the neutral power shall 
decide what repairs are to be made and these must be carried out 
with the least possible delay. — U. S. Ins. 1917. 



NEUTRAL JURISDICTION 9 

Submarines. 

1. All submarine vessels of any kind whatsoever, of belligerent 
powers, are hereby forbidden to navigate in Spanish jurisdictional 
waters, or to enter the ports of this nation. — Spain, Dec. 1917. 

3. Neutral submarines entering Spanish waters shall do so 
navigating on the surface and displaying conspicuously their 
national flag. — Spain, Dec. 1917. 

BASE 
In neutral territory, forbidden. 

Art. 5. Belligerents are forbidden to use neutral ports and waters 
as a base of naval operations against their adversaries, and in par- 
ticular to erect wireless telegraphy stations or any apparatus for 
the purpose of communicating with the belligerent forces on land or 
sea.— XIII, H. C. 1907. 

13. Belligerents are forbidden to use neutral ports and waters as a 
base of naval operations against their adversaries, and in particular 
to erect radio stations or any apparatus for the purpose of com- 
municating with the belligerent forces on land or sea. — XL S. Ins. 
1917. 

Art. 8. A neutral government is bound to employ the means at 
its disposal to prevent the fitting out or arming of any vessel within 
its jurisdiction which it has reason to believe is intended to cruise, 
or engage in hostile operations against a power with which that gov- 
ernment is at peace. It is also bound to display the same vigilance 
to prevent the departure from its jurisdiction of any vessel intended 
to cruise, or engage in hostile operations, which had been adapted 
entirely or partly within the said jurisdiction for use in war. — XIII, 
II. C. 1907. 

Art. 18. Belligerent warships may not make use of neutral ports, 
roadsteads, on territorial waters for replenishing or increasing their 
supplies of war material or their armament, or for completing their 
crews.— XIII, H. C. 1907. 

14. Belligerent ships of war must not make use of neutral ports, 
roadsteads, or territorial waters for replenishing or increasing their 
supplies of war material or their armament, or for completing their 
crews. — U. S. Ins. 1917. 

Employment of pilots. 

Art. 11. A neutral power may allow belligerent warships to 
employ its licensed pilots. — XIII, H. C. 1907. 

3. A neutral power may allow belligerent ships of war to employ 
its licensed pilots. — U. S. Ins. 1917. 

INTERNMENT 
General. 

Art. 24. If, notwithstanding the notification of the neutral power a 
belligerent ship of war does not leave port where it is not entitled to 



10 REGULATION OF MARITIME WARFARE 

remain, the neutral power is entitled to take such measures as it 
considers necessary to render the ship incapable of taking the sea 
during the war, and the commanding officer of the ship must facili- 
tate the execution of such measures. When a belligerent ship is 
detained by a neutral power, the officers and crew are likewise de- 
tained. The officers and crew thus detained may be left in the ship 
or kept either on another vessel or on land, and may be subjected to 
the measures of restriction which it may appear necessary to impose 
upon them. A sufficient number of men for looking after the vessel 
must, however, be always left on board. The officers may be left at 
liberty on giving their word not to quit the neutral territory without 
permission.— XIII, H. C. 1907. 

11. If, notwithstanding the notification of the neutral authorities, 
a belligerent ship of war does not leave a port where it is not entitled 
to remain, the neutral power is entitled to take such measures as it 
considers necessary to render the ship incapable of taking the sea 
during the war, and the commanding officer of the ship must 
facilitate the execution of such measures. — U. S. Ins. 1917. 

Submarines. 

2. All submarine vessels referred to in the preceding article enter- 
ing Spanish jurisdictional waters for any cause whatsoever, shall be 
interned until the end of the war. — Spain, Dec. 1917. 

SUBMARINES IN NEUTRAL WATERS 

Submarines belonging to foreign powers and equipped for use in 
warfare ma} 7 not navigate or lie in Swedish territorial waters within 
3 nautical minutes (5,556 meters) from land or from extreme outly- 
ing skerries, which are not continually washed over by the sea, under 
peril of being attacked by armed force without previous warning; 
exception is, however, made for the passage through Oresund be- 
tween parallels of latitude drawn in the north through Viking Light 
(latitude, north 56° 8' 7" and in the south through Klagshamm 
Light (latitude, north 55° 31' 2").— Sweden, Dec. 1916. 

Submarines, armed for war and belonging to belligerent powers, 
may not travel in or remain in Norwegian sea territory. If they 
violate this prohibition they subject themselves to the possibility of 
seizure by armed force without warning. — Norway, Dec. 1916. 

The royal ordinance dated October 13, 1916, respecting the move- 
ments or stay in Norwegian territorial waters, etc., of submarine 
craft equipped for use in war and belonging to a belligerent power 
has been so amended that on and after February 6, 1917, it shall read 
as follows : Submarines, equipped for use in war, and belonging to a 
belligerent power, may not be navigated or remain in Norwegian 
territorial waters. Breach of this prohibition will render such 



NEUTRAL, JURISDICTION 11 

vessels liable to attack by armed force without previous warning. — 
Norway, Dec. 1917. 

In the event of a submarine being compelled through bad weather 
or shipwreck to enter the forbidden area, the above regulation is 
not applicable, always provided that the vessel while within the 
mentioned area, shall remain above the surface and fly its national 
flag as well as the international signal indicating the cause of its 
presence. The vessel shall leave the area as soon as possible after the 
reason for its presence there has ceased to exist. — Sweden, Dec. 1916. 

This prohibition does not prevent submarines by reason of adverse 
weather or damage from seeking Norwegian domain to save life. In 
such case the vessel shall, within the domain, remain above the 
surface and shall fly the national flag and the international signal, 
indicating the reason of its approach. The vessel shall leave the 
domain as soon as the reason which brought about its arrival has 
ceased. — Norway, Dec. 1916. 

This prohibition shall not prevent submarines from seeking Nor- 
wegian territorial waters on account of stress of weather, or dam- 
age, or in order to save human life; when within territorial waters 
in such cases the vessel shall be kept at the surface and shall fly her 
national flag and also the international signal indicating the reason 
of her presence. As soon as the reasons justifying the arrival of 
the vessel are no longer present, she shall depart from territorial 
waters. — Norway, Dec. 1917. 

Other submarines may not travel or remain in Norwegian sea 
territory, except in broad daylight in clear weather and above the 
surface with national flag flying. — Norway, Dec. 1916. 

Submarines that are equipped for use in war and belong to a 
nonbelligerent foreign power, are also prohibited from navigating 
or remaining in Norwegian territorial waters, unless by daylight in 
clear weather, and in surface condition with their national flag dis- 
played. — Norway, Dec. 1917. 

Foreign submarines, while traveling in Norwegian waters, must, 
because of the difficulties connected with distinguishing the different 
kinds of submarines, bear all risks of any damage, or even destruc- 
tion, as the result of confusion of the ship's character. — Norway, 
Dec. 1916. 

SPECIAL REGULATIONS 

Art. 27. The contracting powers shall communicate to each other 
in due course all laws, proclamations, and other enactments regu- 
lating in their respective countries the status of belligerent warships 
in their ports and waters, by means of a communication addressed 
to the Government of the Netherlands, and forwarded immediately 



12 REGULATION OF MARITIME WARFARE 

by that Government to the other contracting powers. — XIII, H. C. 
1907. 

22. United States naval officers must observe the regulations of 
neutrality announced by neutral nations. — U. S. Ins. 1917. 



DAYS OF GRACE 

Vessels in port or entering port ignorant of war. 

Art. 1. When a merchant ship belonging to one of the belligerent 
powers is at the commencement of hostilities in an enemy port, it 
is desirable that it should be allowed to depart freely, either im- 
mediately or after a reasonable number of days of grace, and to 
proceed, after being furnished with a pass, direct to its port of 
destination or any other port indicated. The same rule should 
apply in the case of a ship which has left its last port of departure 
before the commencement of war and entered a port belonging to 
the enemy while still ignorant that hostilities had broken out. — 
VI, H. C. 1907. 

Art. 36. Attenuations au prinoipe de la capture. — Lorsqu'un 
navire public ou prive relevant d'une des puissances belligerantes 
se trouve, au debut des hostilites, dans un port ennemi, il lui est 
permis de sortir librement, immediatement ou apres un delai suffi- 
sant, et de gagner directement apres avoir ete muni d'un laisser- 
passer, son port de destination ou tel autre port qui lui sera designe. 
II en est de meme du navire ay ant quitte son dernier port de depart 
avant le commencement de la guerre et entrant dans un port ennemi 
sans connaitre les hostilites. — Institut, 1913. 

5. Vous laisserez librement passer les navires de commerce ennemis 
qui auront pris des cargaisons a destination de France ou pour 
compte francais anterieurement a la declaration de guerre. Vous 
delivrerez un sauf-conduit a ces navires qui pourront librement se 
rendre dans le port frangais que vous leur designerez et y debarquer 
leur chargement. Mais, si le lieu ou vous avez rencontre lesdits 
navires et la route suivie par eux vous permettent de conclure qu'ils 
ont manifestement devie de la route qu'ils devaient suivre d'apres 
leurs papiers de bord, sans qu'ils y soient contraints par les cir- 
constances de leur navigation, vous les capturerez. — Fr. Ins. 1912 

Art. 6. Exempt from seizure, are: (e) Enemy merchant ves- 
sels which at the beginning of hostilities are making passage from a 
German or allied port to their destination or to some other port de- 
signated for them and are provided with a pass ; unless they have de- 
parted from their prescribed route without sufficient justification.— 
Ger. O. 1909. 



DAYS OF GRACE 13 

Art. 1. A vessel of the German Empire which is, at the time of 
the enforcement of this ordinance, staying at a port or anchorage 
within the Japanese Empire or within districts governed by Japan, 
may, by September 5, 1914, land her cargo at the port or anchorage, 
and may finish business which was negotiated with good faith before 
the opening of the war and is being actually transacted, and request- 
ing the Japanese authorities for a passport and obtaining it, may sail 
direct for the port of her destination or the port designated in the 
passport. — Jap. Dec. Aug. 24, 1914. 

Art. 2. A German vessel which has left the last port of call be- 
fore August 23, 1914, and arrived at a port or anchorage within 
Japan or districts governed by Japan, not knowing the fact of the 
opening of war, may immediately land her cargo at the port or an- 
chorage and may take in goods which are not contraband of war, and 
may finish her transactions, and requesting the Japanese authorities 
for passport and obtaining it, may sail direct to the port of her 
destination or the port designated in the passport. In this case the 
vessel must sail within two weeks from her arrival at the port or an- 
chorage at a date to be designated by the Japanese authorities. — Jap. 
Dec. Aug. 24, 1914. 

Art. II. A term of five days from the date of the publication of 
the present royal decree in the Madrid Gazette is allowed to all 
United States ships anchored in Spanish ports, during which they 
are at liberty to depart. — Spain, Ins. 1898. 

Detention, force majeure. 

Art. 2. A merchant ship unable, owing to circumstances of force 
majeure, to leave the enemy port within the period contemplated in 
the above article, or which was not allowed to leave, can not be con- 
fiscated. The belligerent may only detain it, without payment of 
compensation, but subject to the obligation of restoring it after the 
war, or requisition it on payment of compensation. — VI, H. C. 1907. 

Art. 37. Le navire public ou prive qui, par suite de circonstances 
de force majeure, n'aurait pu quitter le port ennemi pendant le delai 
vise a l'article precedent, ne puet etre confisque. Le belligerant peut 
seulement le saisir moyennant Fobligation de le restituer apres la 
guerre sans indemnite, ou le requisitionner moyennant indemnite. — 
Institut, 1913. 

Detention, with compensation. 

Art. 4. A German vessel which, on account of force that can not 
be resisted, has not been able to leave a port or an anchorage of 
Japan or of districts governed by Japan within the period provided 
in article 1 or 2, or a German vessel which was not permitted to leave, 
may be detained under the obligation that it shall be returned after 
the war without paying any damages, or may be requisitioned under 
the obligation that damages shall be paid. — Jap. Dec. Aug. 24, 1914. 



14 REGULATION OF MARITIME WARFARE 

Vessels on high seas. 

Art. 3. Enemy merchant ships which left their last port of depar- 
ture before the commencement of the war, and are encountered on 
the high seas while still ignorant of the outbreak of hostilities can 
not be confiscated. They are only liable to detention on the under- 
standing that they shall be restored after the war without compensa- 
tion, or to be requisitioned, or even destroyed, on payment of com- 
pensation, but in such cases provision must be made for the safety 
of the persons on board as well as the security of the ship's papers. 
After touching at a port in their own country or at a neutral port, 
these ships are subject to the laws and customs of maritime war. — 
VI, H. C. 1907. 

Art. 38. Les navires publics ou prives ennemis, qui ont quitte leur 
dernier port de depart avant le commencement de la guerre et qui 
sont rencontres en mer ignorants des hostilities ne peuvent etre con- 
fisques. lis sont seulement sujets a etre saisis, moyennant l'ob- 
ligation de les restituer apres la guerre sans indemnite, ou a etre 
requisitionnes, ou meme a etre detruits, a charge d'indemnite et 
sous obligation de pourvoir a le securite des personnes ainsi qu'a la 
conservation des papiers de bord. Neanmoins, au cas ou ces navires 
seraient recontres en mer avant l'expiration d'un delai suffisant a 
accorder par le belligerant, la saisie ne peut etre operee. Les navires 
ainsi rencontres sont libres de gagner leur port de destination ou tel 
autre port que leur serait designe. Apres avoir touche a un port de 
leur pays ou a un port neutre, ces navires sont soumis au droit de 
capture. Institut, 1913. 

6. Les navires de commerce ennemis qui ont quitte leur dernier 
port de depart avant le commencement de la guerre, et qui sont ren- 
contres en mer ignorant des hostilites, ne peuvent etre captures. Si 
la reussite des operations engagees l'exige, lesdits navires sont sujets 
a etre saisis, moyennant l'obligation de les restituer apres la guerre 
sans indemnite, ou a etre requisitionnes ou meme a etre detruits, a 
charge d'indemnite et sous l'obligation de pourvoir a la securite des 
personnes ainsi qu'a la conservation des papiers de bord. — Fr. Ins. 
1912. 

Art. 3. A German vessel which has left a port or an anchorage 
in Japan or in districts governed by Japan in accordance with the 
provisions of the preceding two articles, shall not be captured while 
she is en route to the port of her destination or the port designated 
in the passport. However this rule does not apply to a vessel which 
has touched at another port or anchorage of Japan or of districts 
governed by Japan, or a port or an anchorage of the country to 
which the vessel belongs, or of districts governed by that country. — 
Jap. Dec. Aug. 24, 1914. 



DAYS OF GRACE 15 

Art. 5. A German vessel which has left the last port of call be- 
fore the opening of war and which does not know the fact of the 
opening of war when she encounters Japanese men of war, shall 
not be captured. A vessel coming under the preceding paragraph 
may be detained under the obligation that she shall be returned af- 
ter the war without paying damages, or may be requisitioned or 
destroyed under the obligation that damages shall be paid, safety 
of persons on board guaranteed and ship's papers preserved. A ves- 
sel coming under paragraph 1 shall be treated according to rules 
and customs of maritime warfare after she has touched at a port of 
her own country or a port of a neutral country. — Jap. Dec. Aug. 24, 
1914. 

Cargo. 

Art. 4. Enemy cargo on board the vessels referred to in articles 
1 and 2 is likewise liable to be detained and restored after the termi- 
nation of the war without payment of compensation, or to be requisi- 
tioned on payment of compensation, with or without the ship. The 
same rule applies in the case of cargo on board the vessels referred to 
in article 3.— VI, H. C. 1907. 

Art. 6. Si, en particulier, la cargaison desdits navires est de nature 
a justifier leur saisie et leur mise sous sequestre pendant la duree des 
hostilites dans les conditions ci-dessus specifiers, et s'il ne vous est pas 
possible de les escorter jusqu'a un port f rangais ou allie sans que, pour 
cela, leur destruction soit indispensable, vous leur ordonnerez, en 
inscrivant cet ordre sur leur journal de bord, de se rendre eux-memes, 
pour etre mis sous sequestre, dans tel port frangais ou allie que vous 
fixerez, et sous telles conditions de route et de vitesse que vous fixerez 
egalement. Vous leur specifierez alors qu'ils seront captures s'ils 
sont ensuite rencontres faisant route pour une destination differente 
ou n'ayant pas observe les conditions de votre ordre. — Fr. Ins. 1912. 

10. Les merchandise ennemies se trouvant a bord des navires 
ennemis vises aux paragraphes 5, 6, et non susceptibles d'etre cap- 
tures, sont egalement sujettes a etre saisies et restitues apres la guerre 
sans indemnite, ou a etre requisitionnees moyennant indemnite con- 
jointement avec le navire ou separement. — Fr. Ins. 1912. 

Art. 6. The enemy goods on board a vessel coming under article 
1, article 2, article 4, or the preceding article, may be detained under 
the obligation that they shall be returned after the war without pay- 
ing damages, or may be requisitioned together with, or separate from, 
the vessel under the obligation to pay damages. — Jap. Dec, Aug. 
24, 1914. 

9. Vous capturerez dans tous les cos les navires de commerce 
ennemis dont la construction indique qu'ils sont destines a etre trans- 
formes en batiments de guerre, ou qui sont portes sur les listes 



16 REGULATION OF MARITIME WARFARE 

officielles de leur Gouvernement comme destines a etre transformed 
en batiments de guerre. — Fr. Ins. 1912. 

Art. 7. This ordinance is not applicable to a German vessel of 
which it is very clear from its construction that it can be converted 
into a man-of-war. — Jap. Dec, Aug. 24, 1914. 

Limits of exemption. 

7. Vous capturerez tous navires de commerce ennemis qui, dans 
les cas de paragraphes 5 et 6 precedents, n'auraient pas strictement 
observe les ordres donnes et prealablement inscrits a leur journal de 
bord par le commandant ou le delegue autorise du commandant d'un 
navire de guerre frangais. — Fr. Ins. 1912. 

Reciprocity. 

Art. 8. In case Germany gives to Japanese vessels and goods 
treatments different from those prescribed in this ordinance, the 
whole or part of this ordinance may not be enforced. 

Supplementary clause. — This ordinance takes effect from the date 
of promulgation. — Jap. Dec, Aug. 24, 1914. 

Lack of papers. 

8. Vous capturerez dans tous les cas tous navires de commerce 
ennemis qui ne pourraient vous presenter des papiers de bord com- 
pletement en regie et intacts ou que vous soupgonneriez specialement 
d'avoir falsifie soit leur journal de bord, soit tout autre document 
relatif a leur route. — Fr. Ins. 1912. 



VISIT AND SEARCH 

TIME, PLACE, AND PURPOSE 

42. The belligerent right of visit and search may be exercised out- 
side of neutral jurisdiction upon private vessels, unless under 
convoy, after the beginning of war in order to determine their 
nationality, the port of destination and departure, the character 
of their cargo, the nature of their employment, or other facts which 
bear on their relation to the war. — U. S. Ins. 1917. 

17. Upon the declaration of war, military operations at sea begin 
from the time designated by the Imperial Government. In case of a 
truce these operations are limited according to the conditions of the 
truce, and upon the conclusion of peace they' cease from the time the 
vessels of the fleet receive the proper notification of the conclusion 
of a truce or peace. — Rus. Reg. 1895. 

1. Vessels of the imperial war fleet, acting in accordance with the 
regulations on maritime prizes, are guided, with regard to the 
method of stopping, examining, and detaining merchant vessels, as 
well as the conducting into port and surrender of detained vessels 



VISIT AND SEARCH 17 

and cargoes, by the following rules, besides the declarations and 
other instructiosn issued by the Government in case of war. — Rus. 
Ins. 1900. 

85. Vous avez le droit de visiter tous les navires de commerce 
que vous rencontrerez. Vous ne visiterez les paquebots postaux 
qu'en cas de necessite, ainsi qu'il est dit a l'Article XVII. — F. Ins. 
1912. 

12. The right of visit shall be exercised by the warships toward 
vessels of the following classes: (a) Ships flying the flag of the 
Republic of China or neutral flags but being suspected of its enemy 
character, (b) Vessels of the Republic of China being suspected 
of holding commercial intercourse with the enemy countries without 
the permission of the Government, (c) Ships of the Republic of 
China or of other neutral countries being suspected of having con- 
traband of war or enemy combatants on board, (d) Ships of the 
Republic or other neutral countries being suspected of having run 
the blockade. — China, Reg. 1917. 

1. (P. O. 1.) War on commerce according to prize law may only 
be carried on against enemy or neutral merchant ships by com- 
manding officers of war vessels. Officers commanding prizes do not 
possess this right. — Ger. P. C. 1916. 

2. Prize law is enforced by holding up a ship, searching her or 
bringing her into port for examination ; capture. The captured ship 
may in certain cases be destroyed. See articles 23, 33, and 34. All 
ships met with may be held up and searched; neutral Government 
vessels and neutral vessels escorted by their own war vessels 
are always exempt from prize law. — Ger. P. C. 1916. 

37. Vessels not open to suspicion may be held up and searched, 
but wherever they are encountered they must be allowed a free 
passage to their port of destination, when once it has been estab- 
lished that they are not open to suspicion. Should there be in any 
particular case some well founded suspicion that the certificates 
mentioned in article 38 below have been falsified or are being mis- 
used the ship is to be brought into port. Should this be impossible, 
the certificate produced is to be removed, together with those ship's 
and cargo papers from which the suspected falsification or misuse 
may afterwards be proved. Such a ship may only be destroyed 
if the commanding officer has complete proof of the falsification 
and if the ship can not be brought in. — Ger. P. C. 1916. 

Art. 1. H. I. J. M.'s ships are authorized in time of war to visit, 
search, and capture vessels according to these regulations. — Jap. 
Reg. 1904. 

Art. 1. Japanese men-of-war are authorized to make captures at 
sea and to take other hostile actions and all measures necessary for 



18 REGULATION OF MARITIME WARFARE 

achieving the object of war in accordance with the provisions of this 
order, other regulations and treaties, and, where there are no pro- 
visions, the principles of internatonal law. — Jap. Reg. 1914. 

Art. 1. During an armistice this right of capture is suspended 
only when expressly agreed. — Ger. O. 1909. 

4. The purpose of visiting and searching of a merchant ship is to 
determine: (a) To what nationality the ship belongs, (b) "Whether 
there is contraband on board, (c) Whether it (the ship) is assist- 
ing the enemy by unneutral service, (d) Whether it has been 
guilty of a breach of blockade. — Ger. O. 1909. 

86. Toutefois, suivant les circonstances, notamment suivant les 
parages ou vous vous trouverez, ou suivant Peloignement du theatre 
des operations, il peut arriver que vous ayez des motifs de supposer 
que la visite ne peut entrainer aucune saisie. Dans ce cas, 1 'exercise du 
droit de visite peut n'etre qu'une vexation inutile dont il est pref- 
erable de s'abstenir. — Fr. Ins. 1912. 

95. L'examen de ces pieces vous renseignera sur la nationality du 
navire, sur sa destination et sa route, ainsi que sur la nature et la 
destination apparente du chargement. — Fr. Ins. 1912. 

Art. V. In order to capture the enemy's ships, to confiscate the en- 
emy's merchandise under their own flag, and contraband of war under 
any flag, the royal navy, auxiliary cruisers, and privateers, if and 
when the latter are authorized, will exercise the right of visit on 
the high seas and in the territorial waters of the enemy, in accordance 
with international law and any regulations which may be published 
for the purpose. — Spain, Dec. 1898. 

1. Right of visit can only be exercised by belligerents; hence it 
can evidently be only resorted to during international conflicts by 
one or other of the States at war, as also during internal civil or in- 
surrectionary wars, when one or more foreign powers have recog- 
nized the insurrectionary party as belligerents. In such circum- 
stances, right of visit can be exercised by the mother country, but 
it is restricted to the merchant vessels of the nation or nations who 
have given this recognition, and who are for such reason in the 
position of neutrals. — Spain, Ins. 1898. 

Art. XXXII. Any private vessel regarding which there is sus- 
picion which would justify her capture shall be visited and searched 
no matter of what national character she is. — Jap. Reg. 1904; art. 
136, 1914. 

Art. XIX. If any vessel is suspected of having in her cargo con- 
traband of war the captain of the war vessel shall inspect the bill of 
lading, clearance, and other papers, interrogate the crew of the vessel, 
and ascertain her destination. — Jap. Reg. 1904. 



VISIT AND SEARCH 19 

EXERCISE OF— GENERAL 

1. The captains of H. M. ships during a war have the right, in 
conformity with the following instructions, to visit enemy or neutral 
vessels, to search them, and to seize them, as well as the enemy and 
neutral goods found on board, and in exceptional cases to destroy 
them.— Ger. O. 1909. 

9. To carry out the instructions contained in the preceding articles, 
naval commanding officers, whenever it is judged useful, shall pro- 
ceed to visit merchant ships on the high sea or in belligerent waters, 
or may request them to proceed to the nearest port to undergo visit 
there.— Italy, P. R. 1915. 

VESSELS EXERCISING 
Definition. 

Title note. — Attention is directed to the following provisions of the laws of 
the United States : 

The word " vessel f includes every description of water craft or other 
artificial contrivance used, or capable of being used, as a means of transpor- 
tation on water. (Sec. 3, Revised Statutes.) Vessels registered pursuant to 
law and no others, except such as shall be duly qualified according to law for 
carrying on the coasting or fishing trade, shall be deemed vessels of the United 
States, and entitled to the benefits and privileges appertaining to such vessels ; 
buc no such vessel shall enjoy such benefits and privileges longer than it shall 
continue to be wholly owned by a citizen or citizens of the United States, or a 
corporation created under the laws of any of the States thereof * * * ( Sec. 
4131, Rev. Stat, as amended by act of June 26, 1884 ; sec. 1, 23 Stat. L., p. 23, 
and act May 28, 1896; sees. 1 and 3, 29 Stat. L., pp. 188, 189.) 

The words " vessel of the United States," wherever they occur in this chapter, 
shall be construed to mean a vessel belonging in whole or in part to the United 
States, or any citizen thereof, or any corporation created by or under the laws 
of the United States, or of any State, Territory, or District thereof. (Sec. 
310. Ch. XII, Piracy and Other Offenses upon the Seas, Penal Code, Mar. 4, 
1909, 35 Stat. L., p. 1148.) — U. S. Ins. 1917. 

Note to preamble. — " Sont designes comme navires publics tous na- 
vires autres que les batiments de guerre qui, appartenant a l'Etat ou 
a des particuliers, sont affectes a, un service public et se trouvent sous 
les ordres d'un fonctionnaire dument commissionne de l'Etat." — 
Institut, 1913. 

Art. 2. Batiments de guerre. — Font partie de la force armee d'un 
Etat belligerant et sont, des lors, soumis comme tels aux lois de la 
guerre maritime: 1. Tous batiments appartenant a l'Etat qui, sous 
ia direction d'un commandant militaire et montes par un equipage 
militaire, portent avec authorisation le pavilion et la flamme de la 
marine militaire. 2. Les navires transformed par l'Etat en batiments 
de guerre conformement aux articles 3 a 6. — Institut, 1913. 

Art. 2. Public vessels are the vessels of war as well as those 
employed in the service of the State and under State control. Ves- 
sels which are otherwise the property of the State will be similarly 
regarded. 



20 REGULATION OF MARITIME WARFARE 

The necessary distinctive features of vessels of war are : War flag 
(together with the pennant, as a rule), commander commissioned by 
the State, whose name appears in the navy list, and military dis- 
ciplined crew. (See arts. 2 and 4 and 6 of the Convention VII 
of the second Hague Conference.) — Ger. O. 1909. 

2. In accordance with the position laid down in the preceding 
article, ships of war and merchant vessels of the belligerents, when 
legally armed either as auxiliary cruisers of their navy or as priva- 
teers, if and when they are authorized, may in their own territorial 
waters, or those under the jurisdiction of the enemy, or in the open 
seas, detain such merchant vessels as they meet with in order to verify 
the legitimacy of their flag, and, if neutrals, and proceeding to a port 
of the other belligerent, the nature of their cargo. — Spain, Ins. 1898. 

15. The right of stopping, examining, and detaining hostile or sus- 
picious vessels and cargoes belongs to the vessels of the imperial 
u war " navy. The vessels of the merchant marine are allowed this 
right only in the following cases: (1) When attacked by hostile 
or suspicious vessels and (2) when rendering assistance to Russian 
or allied vessels which have been attacked. Vessels and cargoes de- 
tained according to this provision by merchant vessels must be de- 
livered by the latter in to the custody of the authorities indicated in 
articles 23 and 24, with the right, in the case of confiscation of the 
vessels and cargoes in question as prizes, to demand the reward 
established for their detention. — Rus. Reg. 1895. 

Note. — The limitations indicated in this article for merchant vessels do not 
extend to cases for which special rules may be established according to 
article 4 of the present regulations. 

Art. LII. The captain of an imperial man-of-war may chase a 
vessel without hoisting the ensign of the imperial navy or under 
false colors. (But before giving the vessel the order to stop he must 
display the ensign of the imperial navy.) — Jap. Reg. 1904; art. 139, 
1914. ' 

1. Chinese warships during the time of war with the enemy shall 

have the right to visit, search, and capture merchant vessels at sea 

in accordance with the provisions of these regulations. — China, 

Reg. 1916. 

PROCEDURE 

Art. 32. Navires publics et navires prives: Arret, visite et 
recherches. — Tous navires autres que ceux de la marine de guerre, 
qu'ils appartiennent a l'Etat ou a des particuliers, peuvent etre 
sorames par un batiment de guerre belligerant de s'arreter pour 
qu'il soit procede, a leur bord, a une visite et a des recherches. 

Le batiment de guerre du belligerant, pour inviter le navire a 
s'arreter, tirera un coup de canon de semonce a poudre et, si cet 



VISIT AND SEARCH 21 

avis n'est pas suffisant, il tirera un projectile dans Pavant du navire. 
Auparavant, ou en meme temps, le batiment de guerre hissera son 
pavilion au-dessus duquel, en temps de nuit, un fanal sera place. 
Le navire repond au signal en hissant son propre pavilion et en 
s'arretant aussitot; dans ce cas, le batiment de guerre enverra au 
navire arrete une chaloupe montee par un officier aecompagne d'un 
nombre d'hommes suffisant, dont deux ou trois seulement se rendront 
avec l'officier a bord du navire arrete. 

La visite consiste en premier lieu dans Pexamen des papiers de 
bord. 

Si les papiers de bord sont insuffisants ou ne sont pas de nature 
a exclure les soupgons, l'officier qui a opere la visite est en droit de 
preceder a des recherches sur le navire, et il doit requerir a cet effet 
le concours du capitaine. 

La visite des paquebots-poste, comme il est dit a Particle 53, etre 
effectuee avec tous les managements et toute la celerite possibles. 

Les na vires convoyes par un batiment de guerre neutre ne sont 
soumis a la visite que dans la mesure des regies relatives aux eon- 
vois. — Institut, 1913. 

26. Detailed rules concerning the method of stopping, examining, 
and detaining vessels, as well as concerning the conducting of 
detained vessels and cargoes into port and their surrender are con- 
tained in instructions approved by the admiralty board. — Rus. 
Reg. 1905. 

Sighting of vessel. 

Art. 137. When the commanding officer of a ship of war finds a 
suspicious vessel, he shall order an officer under him to take record of 
the following facts: 

(1) The time and position when the vessel was first sighted, distance away, 
relative bearing and relative course of the vessel as regards the ship of war; 
when another Japanese ship of war or one of an allied power is in sight, 
the distance, bearing, and course of this ship of war in relation to the vessel. 

(2) The course of the vessel while under pursuit; if another Japanese ship 
of war or that of an allied power are in sight, the time, bearing, and course 
the same ship of war takes, and extent of pursuit made in common by the 
two ships of war. 

(3) When the vessel is overtaken, the time and position ; if another Japanese 
ship of war or that of an allied power is in sight, the bearing, distance, and 
course of the said ship of war; if another Japanese ship of war or that of 
an allied power captures the vessel, the bearing and distance of his own ship 
and her course. 

—Jap. Reg. 1914. 
Summons. 

44. Subject to any special treaty provisions, the following proce- 
dure is directed : Before summoning a vessel to lie to, a ship of war 
must hoist her own national flag. The summons shall be made by 



22 REGULATION OF MARITIME WARFARE 

firing a blank charge (coupe de semonce), by other international 
signal, or both. The summoned vessel, if a neutral, is bound to 
stop and lie to, and she should also display her colors; if an enemy 
vessel, she is not so bound and may legally even resist by force, but 
she thereby assumes all risks of resulting damage. — U. S. Ins. 1917. 

88. Semonce. — Lorsque vous serez determine a visiter un navire, 
vous l'avertirez l'abord en tirant un coup de canon de semonce a 
poudre et en arborant votre pavilion. A ce signal, le navire est tenu 
aussi d'arborer ses couleurs et de s'arreter pour attendre votre vis- 
ite.— Fr. Ins. 1912. 

82. If the captain intends to visit a ship, he will cause her to 
stop by means of signals and howling of siren. Ensign or pennant 
are to be displayed not later than the time of this signal; by night 
the first is to be illuminated. During the pursuit the display of the 
war ensign is not necessary, the flying of any merchant flag desired 
is permissible. — Ger. O. 1909. 

4. If the ship is to be held up, she should be ordered to stop by 
signals and by blowing the siren. Ensign and pennant are to be 
hoisted at latest when the signal to stop is given. Prior to this 
the naval ensign need not be flown, and the display of a mercantile 
flag or a foreign naval ensign is permissible. The use of a privileged 
distinguishing mark, such as the flag of the Geneva convention, white 
flag, or signals of distress is not allowed. — Ger. P. C. 1916. 

4. The following is the method of exercising right of visit: (a) 
Notification to the vessel to be visited to lay to and state its nation- 
ality is made by the visiting vessel hoisting her national flag and 
firing a blank shot, a signal upon which the merchant vessel is bound 
to hoist the flag of the nation to which it belongs and lay to. — Spain, 
Ins. 1898. 

2. In order to stop a vessel encountered it is necessary to approach 
her, to hoist one's flag, and to fire a blank cannon shot in the direc- 
tion of the vessel encountered. Besides, a signal may be raised ac- 
cording to the international code. In order to stop a vessel at night, 
upon firing a blank shot it is necessary to have the gaff lights and 
the distinctive (regulation) lights open. — Rus. Ins. 1900. 
Approach. 

91. Des que la navire semonce s'est arrete, vous lui envoyez une em- 
barcation. Aucune regie precise ne peut etre fixee au sujet de la dis- 
tance a laquelle doit s'arreter le croiseur pendant la visite. Vous 
agirez suivant les circonstances et l'etat de la mer. — Fr. Ins. 1912. 

91. (Correction, Apr. 1, 1916.) By day. — As soon as the summoned 
vessel has stopped, you will lower a boat to the sea and you will raise 
a flame of great distance, at the same time firing a rocket. At this 
signal, the vessel ought to maneuver in order to approach the boat 



VISIT AND SEARCH 23 

which you have lowered to the sea, whatever may be your own maneu- 
ver and whether or not you remain near the boat. If the summoned 
vessel does not obey this signal frankly and immediately, you will 
consider it a suspect and you will be constrained to compel it by 
force. 

91. By night. — You will give the order to the summoned vessel to 
approach the boat which you have lowered to the sea, by firing two 
red stars. The boat will be, so far as possible, illuminated by a 
search light. If the state of the sea does not permit of coming along 
side, you will fire two green stars. This signal will signify an order 
to the vessel to remain in place until day. — Fr. Ins. 1916. 

During the continuance of the present war, His Imperial Majesty's 
ships shall, in visiting and searching merchant ships, follow the 
special procedure mentioned hereunder: 

1. By day. — The warship will hoist a large-sized pennant at a 
conspicuous position and fire two rockets. This is to signify that the 
merchant ship is to close the boat lowered by the warship, whether 
the warship remains near the boat or not. 

2. By night. — The warship will fire two port fires at a conspicuous 
position. This is to signify that the merchant ship is to close the 
boat lowered by the warship. The warship shall, where possible, 
illuminate the boat by a searchlight. When the weather precludes 
the lowering of a boat, the warship will likewise fire two port fires, 
which will be the signal for the merchant ship to lie to till day- 
light. 

3. In the event of the merchant ship disregarding the orders given 
under the preceding two clauses, it may be fired on by the war- 
ship. 

4. For the time being, if it is found that the meaning of the signals 
above mentioned is not understood, His Imperial Majesty's ships 
will communicate with merchant ships in the international code of 
signals. The procedure hitherto followed in other respects remains 
unchanged. — Jap. Ins. April 28, 1916. 

The following alterations in the instructions issued on April 28, 
1916, respecting the boarding of merchant ships will come into effect 
from May 20, 1916 : 

1. In the clause respecting the signals by day for ordering the 
merchant ship to close the boat lowered by the warship, the words 
" two rockets " to be altered to " a rocket." 

2. The entire clause respecting signals by night to be struck out. — 
Jap. Ins. May 17, 1916. 

(c) The visiting vessel will place herself at such distance as her 
commander or captain may think convenient from the vessel to be 
visited, according to circumstances of wind, sea, current, or the sus- 
6888—26 3 



24 REGULATION OF MARITIME WARFARE 

picion inspired by the said vessel; and if these circumstances make 
it advisable for the boat about to make visit to approach on the 
windward side and go to leeward on returning, there is no reason 
why she should not do so. But if, by existing treaties between the 
nations to which the vessels respectively belong, the distance to be 
kept is specified, such a clause of conventional law shall be re- 
spected, if the circumstances of wind, sea, or current above men- 
tioned permit. — Spain, Ins. 1898. 

6. The imperial cruiser approaches the halted vessel as closely as 
possible; caution, however, should be observed. 

Note. — The undesirable consequences of a collision should be 
borne in mind. The vessel may prove to be an enemy's vessel, and 
hostile acts and a desire to injure the cruiser by collision are to be 
expected. — Rus. Ins. 1900. 

Course of vessel. 

19. Inspection shall be made along the original course of the ship 
concerned. — China, Reg. 1917. 

Boarding. 

46. When the summoned vessel has brought to, the ship of war 
shall send a boat with an officer to conduct the visit and search. 
If practicable, a second officer should accompany the officer charged 
with the examination. There "may be arms in the boat, but the 
boat's crew shall not have any on their persons. The officer (or 
officers), wearing side arms, may be accompanied on board by not 
more than two unarmed men of the boat's crew. — U. S. Ins. 1917. 

92. Visite. — Un officier en armes, accompagne de deux ou trois 
hommes au plus, monte a bord du navire a visiter. Si vous etes 
seul officier a votre bord, la visite pourra etre effectuee par un officier- 
marinier. — Fr. Ins. 1912. 

84. When the ship has stopped, the captain will send on board an 
officer, accompanied by a second officer and not more than three men 
as witnesses and for assistance, in an unarmed boat, manned with 
usual crew and carrying the flag. The officers of the boarding party 
will carry side arms, the men no arms. Tire remainder of the boat's 
crew will have their small arms in the boat. — Ger. O. 1909. 

6. If the ship has stopped, a boarding party consisting of two 
officers and not more than two or three men is, if possible, to be sent 
on board. Officers go on board armed, while the men's arms are 
left in the boat. The boarding party can also be constituted so as 
to form a prize crow. — Ger. P. C. 1916. 

5. It is desirable that several relays of officers and men be desig- 
nated beforehand for the task of making examinations. The officers 
and men sent to make the examinations should be armed with 
revolvers. It is useful to agree beforehand upon several simple 



VISIT AND SEAECH 25 

conventional signals (with an oar, handkerchief, flag, etc.). From 
the moment the chase is begun the officers designated for the exami- 
nation prepare their men and ascertain the latitude and longitude of 
the imperial vessel. — Rus. Ins. 1900. 

4. For the purpose of making examination there are appointed 
an adequately experienced officer and several men of the crew, amono- 
whom it is useful to include the mate, etc. If the personnel present 
enable it to be done, two officers are designated who are rnore or less 
acquainted with foreign languages. — Rus. Ins. 1900. 

7. Having lowered a boat with the officers and men, the imperial 
cruiser remains in such a position during the continuance of the 
examination as to be able to see its boat at all times and to observe 
everything going on in the vessel undergoing examination. The 
guns must be loaded and the gun captains at their quarters. — Rus, 
Ins. 1900. 

8. While proceeding on board the halted vessel, the name of the 
vessel and the port for which it is bound are observed while on the 
cruiser's boat. An officer accompanied by two enlisted men boards 
the vessel. If two officers are designated for the examination they 
go on board with one enlisted man. 

Note. — The remaining enlisted personnel proceeds on board only 
after examination of the documents has been completed and that of 
the whole vessel is begun. The number of sailors going on board 
depends upon the size of the vessel and the discretion of the officer 
(for instance, four, six, and more sailors). — Rus. Ins. 1900. 

Boarding, functions of crew. 

Art. 9. The junior officer remains on the upper deck during the 
whole time and is not allowed to descend below. He is obliged to 
observe everything going on on the deck of the vessel under exami- 
nation, and to watch the cruiser's boat and the signals from his ship. 
He is assisted by an enlisted man who has come on board. The 
examination of the documents and of the vessel is performed by the 
senior of the officers detailed. In case of visitation by one officer 
the duties of junior officer are performed by the senior of the two 
enlisted men who have gone on board simultaneously with the offi- 
cer.— Rus. Ins. 1900. 

85. If the weather makes boarding impossible, the captain will 
prescribe a given course to the ship, in case he has serious suspicion 
of her, and will follow himself, until it is possible to carry out the 
visit.— Ger. O. 1909. 

10. Should anything, for example bad weather, prevent a board- 
ing party from being sent on board, a suspect ship is to be brought 
into port without further procedure. Should it be necessary at the 
same time to declare such a ship as captured, she must be ordered to 
haul down her flag and to follow the war vessel. — Ger. P. C. 1916. 



26 REGULATION OF MARITIME WARFARE 

11. It must be clearly stated in the prize report whether the ship 
has been captured or merely brought into port for search; in the 
latter case the reason must be given, for example, whether search 
was impossible for military reasons or owing to the nature of the 
cargo, weather, etc. — Ger. P. C. 1916. 

(d) The visiting vessel will send to the merchant vessel a boat 
with an officer, who will effect the visit in question, under a verbal 
commission from his commanding officer; said officer may board 
the merchant vessel in company with two or three of the crew of 
the boat, but it will be left to his discretion whether he shall do so 
or go alone. — Spain, Ins. 1898. 

Art. LIII. The captain of an imperial man-of-war shall in no 
case order the vessel to be visited or searched to send to his ship her 
boat, crew, or papers. — Jap. Reg. 1904. 

Art. LV. On the vessel's stopping, the captain of the man-of-war 
shall send a boat to her with a boarding officer and his assistant. 
The crew of the boat shall not wear arms, but they may be kept in 
the boat. When boarding the vessel the boarding officer may take 
with him, if he deems it necessary, not more than two of the boat's 
crew. — Jap. Reg. 1904. 

14. When a vessel is brought to a standstill in obedience to the 
order of the warship, the captain of the latter should send a witness, 
an officer and two sailors to proceed to the vessel to conduct the 
visit. — China, Reg. 1917. 

Manner. 

43. The right should be exercised with tact and consideration, and 
in strict conformity with treaty provisions, where they exist. — 
U. S. Ins. 1917. 

101. Toutes ces operations de visite doivent etre faites avec la plus 
grande courtoisie et moderation, et, s'il s'agit de paquebots postaux, 
avec toute la celerite possible. — Fr. Ins. 1912. 

Art. 4 (continued). The visit and search shall be made only when 
the captain believes that results will follow. All measures are to be 
carried out in a form whose observance, even against the enemy, will 
comport with the dignity of the German Empire, and with a regard 
for neutrals conformable to the usages of international law and 
German interests. — Ger. O. 1909. 

81. The captain must as much as possible avoid diverting a ship 
uuder a neutral flag from her course during the visit and search; 
he shall especially endeavor to cause the ship the least possible in- 
convenience ; especially will he in no circumstances require the master 
to come on board the man-of-war, or that a boat, men of the crew, 
the ship's papers, etc., be sent on board. — Ger. O. 1909. 



VISIT AND SEARCH 27 

9. The visit is not an act of jurisdiction on the part of the bel- 
ligerent ; it is a natural means of legitimate defense allowed by inter- 
national law, lest fraud and bad faith should assist the enemy. This 
right should therefore be exercised with the greatest modification by 
the belligerent, special care being taken to avoid causing the neutral 
any extortion, damage, or trouble that is not absolutely justifiable. 
In consequence of this, the detention of the ship visited should 
always be as short as possible, and the proceedings restricted as far 
as they can be, their exclusive object being, as explained, for the 
belligerent to ascertain the neutrality of the ship, and in case of its 
neutrality (if bound for a port of the enemy) the inoffensive and 
neutral description of its cargo. It is not necessary, therefore, to 
demand during the visit any other documents than those proving 
these two conditions, for what the belligerent requires is to prevent 
any damage, favoring, or assisting the enemy ; to prevent assistance 
and help being furnished to them that may contribute directly to the 
prolongation of the war, and not to be assured that all ships belong- 
ing to neutral powers are provided with all the documents required 
by the laws of their country. — Spain, Ins. 1898. 

14. The commander of the vessel carrying out the visit and the offi- 
cer commissioned to make the visit, the former in ordering and the 
latter in carrying it out, should act without prejudice to the good 
faith of the neutral being visited, and without losing sight of the con- 
sideration and respect that nations owe to one another. — Spain, 
Ins. 1898. 

Courtesy. 

10. The dealings of the officers and men with their master, crew, 
and passengers should be marked by courtesy and fully in accordance 
with the dignity of the military profession. In case resistance is 
shown by the halted vessel to the carrying out the examination, it is 
subject to capture. — Rus. Ins. 1900. 

Art. LI. In visiting or searching a vessel the captain of the man- 
of-war shall take care not to divert her from her original course 
more than necessary and as far as possible not to give her incon- 
venience. — Jap. Reg. 1904. 

Art. 148. A boarding officer in making visit or search shall observe 
courtesy. — Jap. Reg. 1914. 

Examination of papers. 

47. The boarding officer shall first examine the ship's papers in 
order to ascertain her nationality, ports of departure and destination, 
character of cargo, and other facts deemed essential. If the papers 
furnish conclusive evidence of the innocent character of vessel, 
cargo, and voyage, the vessel shall be released; if they furnish prob- 



28 REGULATION OF MARITIME WARFARE 

able cause for capture she shall be seized and sent in for adjudica- 
tion.— U. S. Ins. 1917. 

93. Avant tout, l'officier visiteur doit proceder a l'examen des 
pa piers de bord. — Fr. Ins. 1912. 

Art. 104. The commanding officer of a man-of-war shall examine 
necessary ship's papers with a view to obtaining information as to 
the nationality of the vessel, the place she left, her destination, her 
route and duty, and character, kinds, and destination of her cargo, 
and other necessary matters. — Jap. Reg. 1914. 

Art. 143. The boarding officer shall first examine the ship's 
papers. — Jap. Reg. 1914. 

96. Invent uellement, vous pourrez demander a vous faire presenter : 
Le journal des machines; la police d'assurance du navire et celle des 
marchandises, si elles sent a bord; le registre des telegrammes regus 
et envoyes si le navire est muni de T. S. F. — Fr. Ins. 1912. 

100. Les papiers de bord font preuve complete de l'itineraire du 
navire ainsi que du lieu de dechargement des marchandises, a moins 
que ce navire ne soit rencontre ayant manifestement devie de la route 
qu'il devait suivre d'apres ses papiers de bord et sans pouvoir justifier 
d'une cause suffisante de cette deviation. — Fr. Ins. 1912. 

86. Usually in this, the officer goes directly on board, accompanied 
only by the officer sent with him, and asks politely, but definitely, 
for the ship's papers to be produced ; if the master declines, he orders 
their production. A further refusal justifies the capture of the 
ship.— Ger. O. 1909. 

(e) The visiting officer will inform the captain of the merchant 
vessel that, under commission from the commander of the Spanish 
ship of war, or of the auxiliary cruiser (here follows name of ship 
of war or auxiliary cruiser), or from the captain of the privateer 
(here follows name of vessel), he intends to effect a visit and will 
request him to produce his sailing papers, or official document which 
takes their place, in proof of the nationality of the vessel therein 
stated being that of the flag which he has hoisted, and to show the 
port to which the vessel is proceeding. Should the first point be 
satisfactorily proved, and should the port of destiny prove to be a 
neutral one, the visit is thereby concluded. But should the vessel 
be proceeding to a port belonging to the enemy of the nation to 
which the visiting vessel belongs, the officer will ask the captain of 
the merchant vessel for the documents in which the nature of the 
cargo is stated, in order to ascertain if there be contraband of war; 
should there be none, the visit is definitely concluded, and the neutral 
vessel is at liberty to proceed on its voyage ; but should there be con- 
traband, its capture is proceeded with, but no search may, in these 
circumstances, be made. — Spain. Ins. 1898. 



VISIT AND SEARCH 29 

11. The examination is begun by asking the master: (a) To give 
the name and nationality of his vessel, (b) To name the port of 
destination and whence the vessel departed, (c) To exhibit the log 
book and all documents regarding the vessel and cargo. A list of the 
principal ship's papers carried on board the merchant vessels of vari- 
ous nations is appended hereto. (Appendix I.) — Rus. Ins. 1900. 

12. In proceeding to the examination of the papers the officer pays 
especial attention to the log book, endeavoring to ascertain all cir- 
cumstances of sailing, the place according to the chart where the 
master considers himself to be, and the last entries made in the log 
book.— Rus. Ins. 1904. 

13. In examining the documents regarding the nationality of the 
vessel the officer observes the port of registry, the registry number, 
the names and nationality of the owners, the place and time of con- 
struction of the vessel, and also as to whether it was not bought 
from subjects of the enemy after the declaration of war for the pur- 
pose of covering enemy's property. — Rus. Ins. 1900. 

14. In examining the documents relating to the cargo, the officer 
determines the kind and quantity of the goods, the places whence 
and whither they are being sent, the names and nationality of the 
shippers and consignee of the cargo. In this connection it is im- 
portant to ascertain whether there are not articles contraband of 
war among the goods, and to whom the cargo belongs — whether to 
hostile or neutral subjects. — Rus. Ins. 1900. 

15. In examining the documents regarding the composition of the 
crew and the passengers the officer should ascertain the nationality 
and occupation of these persons, endeavoring to determine whether 
there are not hostile military persons among the passengers, and who 
among the crew may be detained in accordance with article 18 of the 
Regulations on Maritime Prizes. — Rus. Ins. 1900. 

17. The officer takes note of all documents presented to him and 
makes a record of everything which is most essential. In examining 
the documents, he may ask questions of the master, steersman, and 
other members of the crew, at his option. — Rus. Ins. 1900. 

Art. LVI. The boarding officer, if he has ground for suspicion, 
shall demand with proper courtesy to inspect the ship's papers. 
When the master of the vessel refuses to produce them, the boarding 
officer may insist upon it. — Jap. Reg. 1904. . 

15. On boarding the vessel the visiting party should request of the 
captain of the vessel, with due ceremony, the papers for examination. 
Force may be used when the captain of the vessel refuses to comply 
with the request. — China, Reg. 1917. 
Search. 

48. If the papers do not furnish conclusive evidence of the inno- 
cent character of the vessel, the cargo, and voyage, or probable 



30 REGULATION OF MARITIME WARFARE 

cause for capture, the boarding officer shall continue the examina- 
tion by questioning the personnel or by searching the vessel or by 
examining her cargo. If such further examination furnishes satis- 
factory evidence of innocency, the vessel shall be released ; otherwise 
she shall be seized and sent in for adjudication. — U. S. Ins. 1917. 

90. Si l'examen des pieces vous laisse un doute quelconque ou vous 
confirme un soupgon: (1) Sur la nationality du navire: alors vous 
le capturerez; (2) Sur sa destination ou sur le caractere inoffensif 
de son chargement: alors vous pourrez proceder a la visite de la 
cargaison. Cette visite s' effectue par les soins du capitaine et de 
1 'equipage du navire visite, sous les yeux de l'officier visiteur, lequel 
ne doit y proceder par lui-meme qu'en cas de refus de ces derniers. — 
Fr. Ins. 1912. 

89. If the master has objections to make, the officer will make 
his comment upon these in a brief report. The captain will forward 
this declaration with his own indorsement, immediately to the Chief 
of the Admiralty Staff.— Ger. O. 1909. 

90. If the officer forms the opinion upon examining the ship's 
papers that the ship is suspicious, he will proceed to search. This 
consists of carefully fixing the agreement of the ship with the data 
in her papers (alterations in her exterior features, distinguishing 
marks, draft marks, name boards, are to be noted) and testing of the 
correctness of the data in the papers concerning the relation of the 
ship and her cargo. The search will be made by questioning the 
master, crew (if change of flag be suspected, compare the signatures 
of the crew with those in the muster roll, provided the law concern- 
ing the flag determines the national composition of the crew) and 
passengers, with whom, however, no compulsion by threat is to be 
used ; and by examining the ship and cargo ; this will be done with 
the assistance of the boat's crew, which will be increased if neces- 
sary, and — if he does not refuse — with the attendance of the master, 
who will cause the locks and packings to be opened, or suggest the 
most appropriate way of opening. Any injury is to be avoided 
as far as possible. Ger. O. 1909. 

12. On the visit taking place, it is not permissible to give orders 
to open the hatchways in order to examine the cargo, nor to open 
any article of furniture to search for documents. The ship's papers 
presented by the captain to prove the legitimacy of the flag and 
the nature of the cargo are the only proof which international law 
allows. — Spain, Ins. 1898. 

20. In case of doubt as to the authenticity of the information 
received in the examination of the documents, and especially in those 
cases when the vessel is proceeding to a hostile port, or when, from 
the general character of the courses, navigation, and situation of the 



VISIT AND SEARCH 31 

detained vessel, it may be supposed that a hostile port is the ulti- 
mate destination of the vessel or of the cargo conveyed thereon, 
the officer proceeds to an examination or search of the whole vessel 
in order to satisfy himself that there are no articles contraband 
of war among the cargo. 

21. The examination (or search) of every vessel is performed 
by an officer with the assistance of several members of the crew, 
who go on board from the cruiser's boat at the command of the 
officer. 

22. The number of sailors going on board may be four, six, eight, 
or more, according to the size of the vessel to be examined, and 
in the discretion of the officer. If it is found that the number of 
men on the cruiser's boat is insufficient, the cruiser may be signaled 
to send more assistance. The men who go on board to make an 
examination should, as far as possible, be the most intelligent, 
active, and experienced. 

23. The examination of the interior apartments presents many 
difficulties and may call forth protests from neutral parties who 
innocently suffer. For this reason the officer should first judge 
what part of the cargo appears the most suspicious, owing to the 
insufficient clearness of the ship's papers, and to this part of the 
cargo he should direct his first attention. The conduct of the 
officer and of the men should be courteous, but without any devia- 
tions from the requirements of duty and service. 

24. During the examination of the interior apartments the offi- 
cer must positively demand the presence of the master during all 
acts, and only in extreme cases that of his assistants. 

25. The master who is present during the search is obliged, upon 
the request of the officer making the search, to open all locks and 
rooms which the officer may desire to inspect, and indicate what 
objects should be handled with special care, and how certain pack- 
ages (trunks, casks) should be opened or unbunged which are 
selected for more minute inspection. In case the master refuses 
to open a room upon the demand of the examining officer the vessel 
is subject to detention. 

26. During the time of the examination or search, the officer, in 
order to render more easy his task, may ask various questions of 
individuals of the crew and passengers in order to obtain necessary 
information concerning the vessel and cargo. It is also advisable to 
pay attention to certain exterior signs; for instance, to the marks 
which exist on the smokestacks of steamers of various companies and 
which may be painted over. — Rus. Ins. 1900. 

Art. LVIII. When the boarding officer, after inspecting the 
papers, deems the vessel to be suspicious, he shall search her. In 

6888—26 1 



32 REGULATION OF MARITIME WARFARE 

this case he may, if he deems it necessary, call the crew of the boat 
on board to assist, or he may ask for assistance from the ship from 
which he was sent. — Jap. Reg. 1904; art. 144, 1914. 

20. When an officer on board a vessel in a visit finds the vessel is 
of suspicious character after examining its papers, he shall have the 
right to search the vessel. — China, Reg. 1917. 

Art. LIX. Search shall be made together with the master of the 
vessel or his representative. — Jap. Reg. 1904. 

Art. 145. Search shall be made together with the master of the 
vessel or his representative. The boarding officer shall require the 
master of the vessel or his representative to open any locked place, 
furniture, or goods. In cases of the preceding two paragraphs, if 
the master of the vessel or his representative refuses to comply, the 
boarding officer may take steps required by the occasion. — Jap. Reg. 
1914. 

xVrt. LX. The boarding officer shall require the master of the 
vessel or his representative to open any locked place or furniture, 
and if the latter refuses to comply the boarding officer may take 
steps required for the occasion. — Jap. Reg. 1904. 

21. The search shall be conducted together with the captain of 
the vessel or one acting as his representative. Places or articles 
which are either sealed or locked shall be opened by the captain of 
the vessel or the one acting as his representative. In case the cap- 
tain or his representative refuses to comply with the order of the 
searching party to open such articles or places, the latter can take 
necessary measures in regard to the opening of such places or 
articles. — China, Reg. 1917. 

9. Suspect ships are to be searched, and, according to the result of 
the search, either released, brought into port, or captured. Since, 
however, for military reasons or because of the nature of the cargo, 
search can seldom be carried out at sea, it is advisable for suspect 
ships at once to be brought into a German port in order to undergo 
a more thorough search. In such cases a ship shall only be declared 
captured if during her voyage to a German port it is necessary to 
take her through neutral territorial waters. — Ger. P. C. 1916. 

91. If the making of the search is proved to be necessary, but at 
the time is not practicable to carry out, the ship will be searched 
later at a suitable place. If this causes serious disadvantages to the 
ship to be searched, the captain will proceed to the provisional cap- 
ture.— Ger. O. 1909. 

Sick and wounded in vessel. 

8. The record of the visit, which, as stated in Article VI, can be 
made at the wish of the captain of the visited vessel, will become an 
indispensable formality should the vessel contain wounded or sick 



VISIT AND SEARCH 33 

soldiers, subjects of the enemy, for in such a case all such persons 
will, by the mere act of visit, be incapacitated from bearing arms 
again during the war, in accordance with the first paragraph of 
the tenth additional article of the Geneva convention. The visiting 
officer will therefore in such a case make a notification of the same 
to the chief of the expeditionary force, and will make a note in the 
books of the visited vessel in the form prescribed in Article VI, 
with the following addition : This vessel contains (number of sick 
and wounded) individuals (of the army or navy or both) sick and 
wounded, subjects of the enemy, all of whom, by the fact of this visit, 
are incapacitated from bearing arms again during the war, accord- 
ing to paragraph 1 of the tenth additional article of the Geneva 
convention, of which I have made notification to the commander of 
the expeditionary force, who stated that he was (here follow rank 
and name). — Spain, Ins. 1898. 

Delay, release of vessel. 

5. The visiting officer should have instructions from his com- 
manding officer authorizing the visited vessel to continue her voyage, 
if the visit has presented no difficulties, in order that the delay 
may not be longer than is absolutely indispensable. — Spain, Ins, 
1898. 

19. Having become convinced that the documents are all right, 
that the vessel is actually a neutral one, that there is no possibility 
of there being among the goods any articles contraband of war des- 
tined for the enemy, and that, generally speaking, the vessel is in no 
manner subject to detention, the officer immediately leaves the ves- 
sel, observing the rules set forth below in sections 28, 29, and 30 
(conclusion of the examination). — Rus. Ins. 1900. 

27. The officer desists from further examination of the vessel when 
he becomes convinced that there is no contraband of war in the 
cargo and that vessel contains nothing suspicious. Every object 
which has been displaced should, as quickly and carefully as possible 
be returned to its place according to the directions of the master. — 
Rus. Ins. 1900. 

Art. LVII. When the boarding officer deems, after inspecting the 
papers, that the vessel is not to be captured, she shall be released at 
once by order of the captain of the man-of-war. — Jap. Reg. 1904. 

16. After examining the papers of the vessel, if the officer in 
charge of the visit finds that the vessel is not of suspicious char- 
acter under any of the circumstances provided under article 11, he 
should set the vessel free at the command of the captain of the 
vessel. — China, Reg. 1917. 

Art. LXI. The boarding officer if he finds, while making search, 
that there is no ground for capturing the vessel shall discontinue 



34 REGULATION OF MARITIME WARFARE 

the search, and the vessel shall be released at once by the order of the 
captain of the man-of-war. — Jap. Reg. 1904. 

22. If the officer conducting the search of a vessel finds that the 
vessel is not liable to capture, after the search has been made, he 
should set the vessel free at the command of the captain of the war- 
ship. — China, Reg. 1917. 

Art. LXIV. When a vessel is to be released on the ground that 
she has not received notification of blockade, or as coming under 
section 2 of Article XXX, or as not knowing the outbreak of the war 
under Articles XXXVI or XXVIII, the boarding officer shall enter 
a warning according to Forms II or III in the vessel's log book or 
upon the paper certifying her nationality, and shall order the vessel 
to retrace or to change her course, or take any other proper 
measure. — Jap. Reg. 1904. 

30. Upon descending from the vessel the officer informs the master 
that permission to continue his voyage will not be given until the 
officer arrives on the imperial ship and reports to the commander. 
The officer prepares a detailed account of everything which he has 
examined and seen. — Rus. Ins. 1900. 

Complaint. 

Art. LXII. The boarding officer, before he leaves the vessel, shall 
ask the master whether he has any complaint regarding the procedure 
of visiting or searching, or any other points, and if the master 
makes any complaint he shall request him to produce them in writ- 
ing — Jap. Reg. 1904. 

Report. 

33. On board the imperial vessel a commission is formed of three 
officers (including the officer who has made the examination), which 
prepares a detailed report concerning everything that has taken 
place and been discovered during the examination, and submits it for 
the approval of the commander. — Rus. Ins. 1900. 

34. The report is written in the Russian language. The following 
points must be accurately indicated therein: Nationality, kind, and 
name of the vessel ; the names of the masters and owners ; the num- 
ber of the crew and their nationality ; all circumstances accompany- 
ing the stoppage of the vessel; all documents presented by the 
master, and their contents; all circumstances attending the exami- 
nation of the documents and of the vessel; all information concern- 
ing everything that was found on the vessel; all statements of the 
master, supercargo, boatswain, and other persons questioned. — Rus. 
Ins. 1900. 

35. The contents of the report are translated orally to the master, 
and he is asked to sign the report. However, the signature of the 
master is not obligatory. A note should be made on the report that 



VISIT AND SEARCH 35 

it was read and translated to the master. The protest of the 
master (in writing) should be added to the report and the points 
on which he disagrees should be explained therein. 

Note. — In view of the fact that the preparation of the report and 
the interrogation of the master and other persons of the crew may 
occupy considerable time, the cruiser has the right to compel the 
merchant vessel to move along a given course, and to follow after 
her and perform the acts mentioned while under way. — Rus. Ins. 
1900. 

MODEL OF MEMORANDUM OF VISITATION 

1901. (month, date) in (such and such) latitude and longitude, the im- 
perial Russian first-class cruiser Rurik, first-class Captain , command- 
ing, stopped the steamer (or sailing vessel, bark, schooner, etc.), 

under a neutral Dutch flag. The steamer immediately shut off its engine 
(or the sailing vessel lay to). Upon examination it was found that the 

steamer bore the name of ; the ship's papers (to be named) were found 

in good order and there was no contraband of war on board the steamer. 
The examination lasted two hours (from — to — ). 

Lieutenant . 

Eus. Ins. 1900. 

Art. LXXII. The captain of a man-of-war shall immediately 
submit to the minister of the navy detailed accounts of visit, search, 
or capture, with his opinion. — Jap. Reg. 1904. 

24. After the search is conducted, if the boarding officer finds 
that the ship is liable to capture, he should report the case to the 
captain of the warship and the measures provided under the articles 
in Chapter IV regarding the capture of a vessel shall be adopted. — 
China. Reg. 1917. 

Art. 157. The commanding officer of a ship of war shall make to 
the minister of the navy without delay a detailed report concerni?jg 
visit, search, and capture or detaining, with his opinion thereon. 
When there has been complaint with regard to visit or search from 
the master of the vessel, or when a vessel has been captured or 
detained, however, he shall report the important matters relating 
thereto by telegraph as soon as possible. — Jap. Reg. 1914. 

Use of force. 

89. S'il continue sa route et cherche a fuir, vous le poursuivrez 
et 1'arreterez au besoin par la force. — Fr. Ins. 1912. 

83. If the ship does not stop upon signal, two successive blank 
charges are to be fired, and if necessary a shotted charge over the 
ship. If the ship then does not stop, or makes resistance, the captain 
will compel her to stop. — Ger. O. 1909. 

5. If the ship does not stop when she is signaled to do so, two 
rounds of blank, and if necessary a live shell, should be fired over 



36 REGULATION OF MARITIME WARFAKi^ 

her or across her bows. As regards the case of submarines, see 
article 42. (P. O. 83.) If the ship still refuses to stop, the com- 
manding officer compels her to do so by using force. Force, how- 
ever, may only be used until the ship abandons her attempt to escape. 
If the ship is damaged or even destroyed as a result of the employ- 
ment of force, she has only herself to blame and she must bear the 
loss. The ship, however, must subsequently not be destroyed or 
otherwise penalized on account of her attempt to escape, but on the 
contrary she is then to be treated like any other neutral or enemy 
vessel.— Ger. P. C. 1916. 

Art. 4. (b) If the merchant vessel does not obey this first intima- 
tion, and either refuses to hoist her flag or does not lay to, a second 
gun will be fired, this time loaded, care being taken that the shot does 
not strike the vessel, though going sufficiently close to her bows for 
the vessel to be duly warned; and if this second intimation be dis- 
regarded, a third shot will be fired at the vessel, so as to damage her, 
if possible, without sinking her. Whatever be the damage caused 
to the merchant vessel by this third shot, the commanding officer 
of the man-of-war or captain of the privateer can not be made 
responsible. Nevertheless, in view of special circumstances, and in 
proportion to the suspicion excited by the merchantman, the auxiliary 
vessel of war or privateer may delay resorting to the last extremity 
until some other measure has been taken, such as not aiming the 
third discharge at the vessel, but approaching it and making a fresh 
notification by word of mouth ; but if this last conciliatory measure 
prove fruitless, force will immediately be resorted to. — Spain, Ins. 
1898. 

3. If a vessel does not stop in spite of the shot fired, a projectile 
is fired across the bows of the escaping vessel. In case of further 
resistance to stoppage, it is permissible to fire upon and pursue the 
fleeing vessel in order to compel her by force to stop. Upon begin- 
ning fire it is recommended to fire the first shot across the vessel 
among the masts. However, such indulgence is not obligatory, 
especially if the steamer be superior in point of speed, so that there 
is a possibility of her eluding pursuit. Every vessel which has 
shown an evident intention to escape from the cruiser, in conse- 
quence whereof the latter has been obliged to give chase and use 
force in order to stop her, is subject to detention; however, it lies 
with the commander, if he deem it expedient, to subject the tem- 
porarily detained vessel to an examination and to shape his further 
course in accordance with the results of such examination. — Rus. Ins. 
1900. 

Art. LIV. The captain of the man-of-war shall first communi- 
cate by signal flag or steam whistle his intention to visit the vessel. 



VISIT AND SEARCH 37 

At night he shall display a white light above the ensign in place of 
the signal flag. In case it is impossible on account of bad weather to 
communicate his intention by any of the means mentioned above, 
or in case the vessel does not make any response to the above sig- 
nals, he shall give order to stop by firing two blank cartridges, and 
if there is further necessity, by firing a shot ahead of the vessel. 
If after giving the above warning the vessel still fails to obey the 
order to stop, fire shall be directed first at the yards and then at 
her hull.— Jap. Reg. 1904. 

13. The captain of a warship can order such ships of suspicious 
character to stop and demand the right of visit. Flag signals and 
whistle shall be used to order the ship to heave to in daytime. In 
night white lanterns shall be used instead. In foul weather or the 
ship fails to obey the order, after the flag and whistle signals two 
blank cartridges shall be fired by the warship. In case of failure to 
comply with the order of the warship after the latter has discharged 
blank cartridges, shots shall be fired, first at its sail and then at the 
body of the ship, if it continues to pay no heed to the warning. — 
China, Reg. 1917. 

Record in log. 

97. Si l'examen de ces pieces demontre d'une maniere certaine la 
neutralite du navire, sa destination inoffensive et le caractere in- 
offensif de sen chargement, l'omcier visiteur constatera le resultat 
de sa visite sur le journal de bord dudit navire, et vous laisserez le 
navire continuer sa route. L'absence de l'une des pieces ci-dessus 
indiquees ne justifierait pas seule la capture, si d'ailleurs Pensemble 
des autres pieces prouvait la neutralite du navire et la regularite 
de l'expedition. — Fr. Ins. 1912. 

6. If the captain of the visited vessel asks to have the visit certi- 
fied, the visiting officer will accede to his request and will insert a 
note in the sheet for the day in the ship's books in the following 
form : 

The undersigned (rank in the navy), sailing on the (gunboat, cruiser, etc., 

of His Catholic Majesty, named , or the auxiliary cruiser or privateer), 

whose commanding officer is (rank and name), certifies that this day at (hour 
of morning or evening), under a verbal commission from the said command- 
ing officer, has carried out the visit of the (class of vessel, name, and na- 
tionality of merchant service), captain (name of captain), and ascertained 
from the papers shown to him the legitimacy of the flag which she flies, and 
the neutrality of her cargo. 

(Date) . 

(Signature of visiting officer) . 

(Seal of visiting ship.) 

— Spain, Ins. 1898. 



38 REGULATION OF MARITIME WARFARE 

28. Upon concluding the examination the officer records in the 
log book, in the Russian language, the time and place of the ex- 
amination (latitude and longitude), the name of his ship, the name 
of the commander, and the result of the examination. — Rus. Ins. 
1900. 

29. Before leaving the vessel the officer proposes to the master 
to give a written certificate (if possible in his native tongue) that 
he has no cause for complaint; or, if the master have any com- 
plaint, to state the same in writing. — Rus. Ins. 1900. 

Art. LXIII. The boarding officer shall enter in the log book of 
the vessel when and where the visit or search was made, the name 
of the man-of-war from which he was sent, and the name and rank 
of her captain, and shall sign his own name and rank. — Jap. Reg. 
1904. 

IT. On leaving the vessel the boarding officer should enter in the 
log book of the vessel the place and date of the visit and the name 
of the captain of the warship and his own name. — China, Reg. 1917. 

Art. 149. A boarding officer shall enter in the log book of the ves- 
sel when and where the visit or search was made, the name of the 
ship of war from which he was sent, and the name and rank of her 
commanding officer, according to Form No. 14. — Jap. Reg. 1914. 

7. The visit will likewise be recorded in the books of the visiting 
vessel, the following circumstances being stated : 

(a) Details of the intimation or intimations given to the visited vessel. 
(&) Hour of its laying to. 

(c) Name and nationality of visited vessel and captain thereof. 

(d) Manner in which visit was effected, and its result, stating name of 
officer who executed it. 

(e) Hour at which vessel was authorized to proceed. 

—China, Ins. 1917. 
Art. LXXI. The captain of a man-of-war shall cause due notes 
to be entered in the log book of his ship concerning a visit, search, or 
capture. — Jap. Reg. 1904. 

49. The boarding officer must record the facts concerning the visit 
and search upon the log book of the vessel visited, including the date 
when and the position where the visit occurred. This entry in the 
log must be made whether the vessel is held or not. — U. S. Ins. 1917. 

PAPERS 
List. 

50. The papers which will generally be found on board a private 
vessel are: 

1. The certificate of registry or nationality. 

2. A certified bill of sale, or certificate thereof duly authenticated, in the 
absence of certificate of registry or nationality, or in the case of a vessel which 
has recently been transferred from enemy to neutral ownership. 



VISIT AND SEARCH 39 

3. The crew list. 

4. The passenger list. 

5. The log book. 

6. The bill of health. 

7. The clearance papers. 

8. The charter party, if chartered. 

9. Invoices or manifests of cargo. 

10. Bills of lading. 

The evidence furnished by the papers against a vessel is conclu- 
sive. Regularity of papers and evidence of the innocence of cargo 
or destination furnished by them are not necessarily conclusive, and 
if doubt exists a search of the ship or cargo should be made to estab- 
lish the facts. If a vessel has deviated far from her direct course 
this, if not satisfactorily explained, is a suspicious circumstance war- 
ranting search, however favorable the character of the papers. — 
U. S. Ins. 1917. 

94. Les principaux papiers de bord des navires de commerce sont : 

1. L'acte constatant la nationality ; , 

2. Eventuellement l'acte de propriety (voir § 108 et suiv.) ; 

3. Le conge; 

4. Le permis de navigation ou certificat de navigability ; 

5. Le rdle d'equipage et la liste des passagers ; 

6. La patente de sante; 

7. Le journal de bord ; 

8. Le manifeste de chargement ; 

9. La charte-partie (si le navire est affreiS) et les connaissements dumert 
signes ; 

10. L'inventaire. 

— Fr. Ins. 1912. 

108. The captain must immediately take possession of the ship's 
papers; that is, all papers which are found on board and may serve 
as evidence before the prize court. The papers will be arranged in 
the same condition in which they were found and will be numbered ; 
a list of them will be made and signed by the captain and the 
master; papers and list will be sealed with the seal of the man-of- 
war and of the master and, together with a statement of the condi- 
tion of the ship and cargo and a copy of the report required by 96, 
will be given to the prize officer for safe keeping and delivery to the 
prize office. If the master refuses his signature or his seal, this is 
to be noted at the end of the list. If papers are found later, or if 
any have been destroyed or thrown overboard in the presence of 
witnesses, statements in the matter are to be drawn up with the wit- 
nesses and submitted to the prize office. — Ger. O. 1909. 

13. When the ship has been brought into port the prize officer 
must take possession of all papers. If possible, a list is to be pre- 
pared and the papers are to be arranged in order, packed up, and 
sealed (the master's seal being used). — Ger. P. C. 1916. 



40 REGULATION OF MARITIME WARFARE 

Art. XX. Ship's papers generally consist of the following docu- 
ments : 

1. Certificate of nationality of the vessel. — This document is a certificate 
issued by the register officer of the port where the vessel is registered, and 
generally contains the name and tonnage of the vessel, the name of the master, 
details of how the vessel came into the possession of the present owner, and 
the name, nationality, etc., of the registered owner. 

2. Passport. — This document is a demand issued by the government of the 
country to which the vessel belongs, that the vessel with her crew, passengers, 
goods, and merchandise shall be allowed free passage without any hindrance, 
and generally contains the name and residence of the master, the name, con- 
struction, and destination of the vessel. 

3. Permit for navigation. — This document is issued by the officers of the 
port where the vessel fitted out for the voyage and gives her the right to 
navigate, carrying the flag and passport of the country to which she belongs. 
The document generally contains the nature, quantity, and owner of the cargo, 
and the place of destination. * 

4. Charter party. — This is a contract entered into by the owner or master 
of a vessel and the person who charters her concerning the hire of the whole 
or part of the vessel, and generally contains the name of the master, the 
name and construction of the vessel, the port where she is lying when char- 
tered, the name and residence of the person who chartered her, the nature 
of the cargo, the ports where it is to be loaded and unloaded, and the freightage. 

5. Log book. — This is a journal kept by the master of the vessel in accord- 
ance with the regulations of the country to which she belongs. 

6. Ship's journal. — This is a journal kept by the master of the vessel to 
make report to her owner. 

7. Contract with the shipbuilder. — This document must be carried by a 
vessel while there is no change in ownership since her completion, and is used 
to prove her nationality in case there is no passport, permit for navigation, 
or certificate of nationality. 

8. Assignment. — This document proves that the ownership of a vessel has 
been transferred to the purchaser. 

9. Bills of hiding. — These are generally made separately for goods of dif- 
ferent shippers. Those remaining on board are duplicates of those which 
the master has given to the shippers. A bill of lading contains the name of 
the shipper, date and place of loading, the name and destination of the 
vessel, the nature, quantity, destination, and freightage of the goods. 

10. Invoice. — An invoice always accompanies goods and contains details of 
each bale of goods, the price, freightage, custom duty, and other charges and 
expenses, and the names and residences of the consignor and consignee. 

11. Freight list. — This contains the names of the consignor and consignee, 
the mark and number of each bale, quantity of goods in each bale in detail, 
and accounts of freightage corresponding to the bill of lading, and signed 
generally by an agent who manages clearance of vessels, and by the master. 

12. Clearance. — This is issued by the officer of the customhouse which the 
vessel left last, and proves that the custom duty has been paid. It also 
contains the destination of the vessel and her cargo. 

13. Muster roll. — This contains the names of the crew, with their ages, 
duties, residences, and places of birth. 

14. Shipping papers. — This is a contract signed by every member of the 
crew, with details of the limits of the voyage and the period of hire con- 
tracted. 



VISIT AND SEARCH 41 

15. Bill of health. — This is a certificate testifying that there has been no 
contagious disease prevailing in the port which the vessel left and that there 
has been no case of such disease on board the vessel. 

—Jap. Reg. 1904. 

7. The papers of a ship shall include the following documents : 

(a) Certificates denoting the nationality of the ship. 

(&) Passport. 

(c) Agreement for the construction of the ship. 

(d) Agreement for chartering the ship. 

(e) Deeds for transfer of the ship in sale. 

(f) The list of the names of the officers and crew on board the ship. 
(#) The voyage journal. 

(h) The log book. 

(i) The daily records. 

(/) Passports for leaving a port. 

(fc) Agreements for the employment of the officers and crew of the ship. 

(I) The health papers. 

(m) Certificates for the consignment of goods on board. 

(n) Receipts for the goods consigned. 

(0) The list of goods shipped. 

Ships are not necessary to produce all the above-mentioned 
papers when visited. Only those the ship is required to keep in 
accordance with the law of the country to which the vessel belongs 
are necessary. — China, Reg. 1917. 

Art. 103. The principal ship's papers which are generally car- 
ried by vessels are as follows: 

(1) Certificate of nationality of the vessel. 

(2) Log book. 

(3) Muster roll. 

(4) List of passengers. 

(5) Charter party. 

(6) Bills of lading and invoices. 

(7) Freight list. 

(8) Clearance. 

(9) Bill of health. 

(10) Bill of sale of the vessel. 

—Jap. Reg. 1914. 
Art. 105. If the commanding officer of a man-of-war considers it 
necessary, he may request the production of the following docu- 
ments : 

(1) Engine-room log book. 

(2) Policy of insurance of the vessel or of her cargo. 

(3) In the case of a vessel equipped with radio, the records of messages sent 
and received. 

—Jap. Reg. 1914. 
Language. 

12. The circumstance that the papers are written in a language 
unknown to the officer making the visit does not authorize the deten- 
tion of the vessel. — Spain, Ins. 1898. 



42 REGULATION OF MARITIME WARFARE 

Lack of, or false. 

Art. 35. Sont possibles de saisie les navires qui ne possedent aucuns 
papiers de bord, ont cache ou detruit intentionnellement ceux qu'fls 
possedaient ou en presentent de faux. — Institut, 1913. 

Art. 10. Vessel liable to capture: (3) If a legal document to prove 
the nationality can not be produced. (4) If bound for the enemy's 
ports, the vessel can not produce a document proving the nature of 
the cargo. — Spain, Ins. 1898. 

13. Although it very seldom occurs that the principal ship's 
papers, whether those referring to her nationality or to the nature of 
her cargo, are lost, mislaid, or left on shore by mistake, if such a case 
should occur, and by other papers or means the captain can convince 
the officer visiting the ship of the neutrality of the ship and her 
cargo, he may authorize the captain to continue her voyage; but if 
an explanation can not be given, the ship will be detained and con- 
ducted to the nearest Spanish port until the necessary investigation 
concerning the point or points in question is made. — Spain, Ins. 
1898. 

10. The vessel will also be captured when during the visit dupli- 
cate or false papers are found, since such cases fall under the regu- 
lations contained in clauses (3) and (4) or in both, since neither 
false nor duplicate papers can serve to justify the conditions referred 
to.— Spain, Ins. 1898. 

False or concealed. 

Art. 106. Any vessel coming under one of the following cases shall 
be captured, no matter to what nationality she belongs : 

(1) If a vessel does not carry ship's papers. 

(2) In a vessel throws overboard, mutilates, or hides the ship's papers. 

(3) If a vessel carries dual ship's papers or altered or counterfeited ship's 
papers. 

—Jap. Reg. 1914 
Destruction of. 

98. Toutefois, s'il est constate qu'un ou plusieurs de ces papiers 
ont ete jetes a la mer, supprimes, distraits ou falsifies, le navire 
visite doit etre capture sans qu'il soit besoin d'examiner par qui ou 
pour quelle cause ils ont ete jetes a la mer, supprimes, distraits ou 
falsifies.— Fr. Ins. 1912. 

Destroyed or suspicious. 

Art. 107. A vessel coming under one of the following cases may 
be captured, no matter to what nationality she belongs, if there are 
circumstances which cause suspicion: 

(1) When she does not produce an important paper that should be carried 
by a vessel ; or her ship's papers are not in proper order. 

(2) When there are contradictions among the ship's papers, or between 
the ship's papers and statement of the master. 

—Jap. Reg. 1914. 



VISIT AND SEARCH 43 

RESISTANCE 

Art. 63. Forcible resistance to the legitimate exercise of the right 
of stoppage, visit and search, and capture, involves in all cases the 
condemnation of the vessel. The cargo is liable to the same treat- 
ment which the cargo of an enemy vessel would undergo. Goods 
belonging to the master or owner of the vessel are regarded as 
enemy goods. — D. of L. 1909. 

45. If the summoned vessel resists or takes to flight she may be 
pursued and brought to by forcible measures if necessary. — U. S. 
Ins. 1917. 

90. En cas de resistance armee de sa part, vous le capturerez sans 
autre examen. La tentative de fuite ne suffit pas a elle seule a 
justifier la capture. — Fr. Ins. 1912. 

102. Resistence a la visite. — La resistance opposee par la force a 
Pexercice legitime des diverses operations de la visite rend immediate- 
ment le navire passible de capture et ulterieurement de confiscation. 
Le chargement sera passible du meme traitement que subirait le 
chargement d'un navire ennemi; les marchandises appartenant au 
capitaine ou au proprietaire du navire seront considerees comme 
marchandises ennemies. — Fr. Ins. 1912. 

2. If an armed merchant ship of the enemy makes armed re- 
sistance to measures of the right of prize, such resistance is to be 
broken with all means. The responsibility for any damages which 
the ship, cargo, and passengers may thereby suffer rests with the 
enemy government. The crew are to be treated as prisoners of war. 
The passengers are to be released, except when they have demon- 
strably taken part in the resistance. In the latter case, the procedure 
extraordinary to the laws of war is to be employed against them. — 
Ger. App. P. C. 1914. 

Art. 10. Vessel liable to capture: (2) If active resistance is offered 
to the visit, that is, if force is employed to escape it. — Spain, Ins. 
1898. 

Attempted flight. 

11. Neither an attempt at flight to escape visit, nor simple sus- 
picion of fraud respecting the nationality of the vessel or the nature 
of its cargo, authorize the capture of the vessel. — Spain, Ins. 1898. 

Attempt to escape. 

5. Care is to be taken in determining whether an attempt has been 
made to escape. 

The commanding officer must: 

(1) Make certain that the signals have been understood, especially if there 
is another ship in the vicinity. 

(2) In the case of merchant ships, any increase in speed is generally small, 
and barely distinguishable from any great distance, as they in any case usually 
steam at full speed. 



44 REGULATION OF MARITIME WARFARE 

(3) Some companies have ordered their ships, in the event of their heing 
held up. not to reverse the engines, hut simply to stop and allow the ship to 
proceed until she has lost her way. 

As regards attempts to escape and the offering of resistance when held up 
by submarines, see article 43. 

— Ger. P. C. 1916. 

An attempt to escape renders the ship suspect and therefore justi- 
fies her being captured and brought into port without further pro- 
cedure. If, however, the ship is not liable to confiscation on other 
ground — for example, on account of carrying contraband or render- 
ing assistance contrary to the laws of neutrality — she may not be 
sunk, nor, if it is impossible to bring her into port, may any other 
disadvantages be imposed upon her by way of punishment. — Ger. 
O. 1909. 

25. A neutral is to be treated as an enemy ship if she offers active 
resistance to the measures laid down in the prize law. An attempt 
to escape does not constitute in itself active resistance; it justifies, 
however, the application of force until the ship desists from such 
an attempt. See, however, article 5, above. 

Active resistance does not only consist, however, in the ship herself 
offering direct and active resistance to capture, such as firing on or 
attempting to ram the war vessel. It is constituted just as much by 
the ship held up summoning the assistance of hostile war vessels in 
the vicinity and causing them to attack the war vessel, in order to 
facilitate an escape. Wireless distress signals (S O S) do not 
constitute such resistance; the wireless messages must be intended 
to summon hostile forces. 

As regards attempts to escape and the offering of active resistance 
when held up by submarines, see article 43. — Ger. P. C. 1916. 

Art. 95. A vessel forcibly resisting the legitimate exercise of the 
right of stoppage, visit, search, and capture, shall be captured no 
matter to what nationalit} 7 the vessel belongs. — Jap. Reg. 1914. 
Liability of vessel. 

Art. 96. A vessel coming under the preceding article is liable to 
condemnation. The cargo of a vessel coming under the preceding 
paragraph is liable to the same treatment which the cargo of an 
enemy vessel would undergo. Goods belonging to the master or 
owner of the vessel are regarded as enemy goods. — Jap. Reg. 1914. 

48. Vessels resisting the visit or search are liable to condemna- 
tion. Enemy goods and goods belonging to the owner of such a 
vessel on board of the same, are liable to condemnation. — China, 
Reg. 1917. 

Art. XLVIII. Vessels that have opposed visit or search, and all 
the goods belonging to the owners of such vessels shall be forfeited. — 
Jap. Rep. 1904. 



REGULATION OF MARITIME WARFARE 45 

PRIZE 

SEIZURE 
Definition. 

Note to preamble. — La saisie, lorsqu'elle s'applique au navire, est 
Facte par lequel le batiment de guerre prend possession du navire 
arrete, avec ou sans Fassentiment de celui-ci. La saisie differe de 
la capture en ce que le sort ulterieur du navire peut n'etre pas en cause 
quant a l'eventualite de sa confiscation. Appliquee aux marchan- 
dises seules, la saisie est Facte par lequel le batiment de guerre, avec 
ou sans Fassentiment du capitaine du navire arrete, prend possession 
de ces march andises et les detient ou en dispose sous reserve du 
jugement ulterieur de la juridiction des prises. — Institut, 1913. 

Preliminary note. — La saisie, lorsqu'elle s'applique aux marchan- 
dises seules, est Facte par lequel le navire de guerre, avec ou sans 
Fassentiment du capitaine du navire arrete, s'empare et dispose de 
ces marchandises comme il est dit aux presentes instructions, sous 
reserve du jugement ulterieur du Conseil des prises. La saisie, 
lorsqu'elle s'applique au navire, differe de la capture en ce que le 
sort ulterieur du navire n'est pas en cause quant a l'eventualite de sa 
confiscation. II y a saisie, lorsque le navire doit etre mis sous seques- 
tre pendant la duree des hostilites ; il y a saisie, lorsque le navire doit 
etre contraint de venir debarquer sa marchandise illicite dans un port 
national ou allie, sous reserve du jugement ulterieur du Conseil des 
prises quant au sort de cette marchandise. La saisie est toujours 
accompagnee des operations d'inventaire et d'apposition des scelles. — 
Fr. Ins. 1912. 

Preliminary definitions. — Whenever a ship, without being cap- 
tured, is prevented from pursuing its route, for instance, through 
notification of blockade made on the spot or through any other cause, 
it is a case of stopping, (arret.) — Fr. Ins. 1916. 

CAPTURE 
Definition. , 

Preliminary note. — La capture est Facte purement militaire par 
lequel le commandant du navire de guerre substitue son autorite 
a celle du capitaine du navire de commerce, dispose du navire, de 
son equipage et de sa cargaison comme il est dit aux presentes instruc- 
tions, sous reserve du jugement ulterieur du Conseil des prises quant 
au sort definitif du navire et de sa cargaison. — Fr. Ins. 1912. 

Note to peamble — Definitions. — La capture est Facte par lequel 
le commandant du batiment de guerre substitue son autorite a celle 
du capitaine du navire ennemi sous reserve du jugement ulterieur de 
la juridiction des prises quant au sort definitif du navire et de sa 
cargaison. — Institut, 1913. 



46 REGULATION OF MARITIME WARFARE 

When justified. 

115. La visite est suivie de capture ou de saisie lorsqu'elle revele ou 
confirme soit le caractere ennemi du navire, soit une violation de 
blocus, soit le caractere de contrebande de son chargement. — Fr. 
Ins. 1912. 

When proper. 

94. If the search, after the hearing of the master, shows such 
circumstances that the captain believes that the condemnation of 
the ship may be expected, he will as a rule capture the ship. — Ger. 
O. 1909. 

9. Subject to detention are vessels and cargoes which may, accord- 
ing to the provisions of these regulations, be subjected to confisca- 
tion as prizes. — Rus. Reg. 1895. 

18. The officer ceases the examination and the vessel is subject to 
detention in the following cases : 

(a) If the vessel proves to be an enemy's. 

(&) If no ship's papers are found, especially those from which the nationality 
of the vessel might be determined and the circumstances of its sailing verified ; 
and if the ship's papers are thrown overboard or otherwise destroyed. 

(c) If there be among the papers such as give rise to the suspicion that 
the vessel is a hostile one. 

(d) If the officer becomes convinced that the documents are false. 

(e) If it is evident from the documents that the vessel was bought by a 
neutral purchaser from hostile subjects and there is reason to suppose that a 
fictitious sale was consummated for the purpose of covering enemy's property. 

—Rus. Ins. 1900. 
Joint capture. 

Art. 158. When a Japanese warship and that of an allied power 
have conjointly captured, or detained, a vessel, the control of that 
vessel shall be as follows : 

(1) When either the Japanese warship or that of the allied power has actu- 
ally captured or detained a vessel, the other warship only cooperating, the com- 
manding officer of the warship which has actually captured, or detained, the 
vessel sends her to a port of his country, no matter what the seniority of the 
two commanding officers is. 

(2) When the Japanese warship and that of an allied power have captured, 
or detained, a vessel at the same time, the senior of the two commanding 
officers sends the vessel to a port of his country. 

—Jap. Reg. 1914. 
Display of flag. 

74. The act of capture shall be signified by hoisting the United 
States flag on board the vessel seized. — U. S. Ins. 1917. 

75. In case the prize is an enemy vessel, the flag of the United 
States shall be flown at the usual place (peak or staff) over the enemy 
flag.— U. S. Ins. 1917. 



PRIZE 47 

76. If the prize is a neutral vessel, the neutral flag shall be flown 
as usual until she is adjudged to be a lawful prize by a competent 
court; the flag of the United States, however, shall be exhibited at 
the fore to indicate that she is for the time in the possession of officers 
of the United States.— U. S. Ins. 1917. 

77. Whenever the colors are displayed, the procedure of the two 
preceding paragraphs shall be followed thereafter during the pas- 
sage of the prize to the United States port and while under the con- 
trol of the prize master in such port. — U. S. Ins. 1917. 

127. Tout navire capture navigue avec le pavilion et la flamme, 
insignes des batiments de guerre. — Fr. Ins. 1912. 

Art. 154. On a captured or detained vessel the ensign of Japanese 
naval vessels shall be hoisted, and in the case of Art. 152, par. 2, the 
flag of the vessel shall be ordered hauled down. — Jap. Reg. 1914. 

Formalities. 

95. The capture will be effected by communicating a protocol to 
the master, taking possession of the ship with a prize crew, and hoist- 
ing the war flag. If taking possession of the ship and therewith the 
hoisting of the war flag is not feasible, the ship will be directed to 
haul down her flag and regulate her speed and course according to 
the orders of the captain. The ship does not become a man-of-war 
by any such flying of the war flag. — Ger. O. 1909. 

Art. 9. The capture of a ship is effected by a communication in 
protocol form to the master, by placing a prize crew on board and by 
hoisting the naval ensign. If it is found impossible to carry out 
all these formalities, the mere fact of hoisting the naval ensign or 
hauling down of the ship's colors on the order of the commanding 
officer, constitutes the act of capture. — Ger. P. C. 1916. 

96. The captain will report concerning the capture as soon as 
possible directly to the chief of the admiralty staff. The report must 
contain the name of the master and of the ship, the flag carried at 
the time of visiting, time, place, and reasons for capture. The prize 
office will receive a copy of the report when the ship is brought in. — 
Ger. O. 1909. 

Art. 150. After visit and search has been made, if the command- 
ing officer of the ship of war still has suspicion of the vessel, he 
shall order the boarding officer to hear the explanation of the master, 
and if after these explanations there still appears to be grounds for 
capturing or detaining her, such vessel shall be captured or de- 
tained. — Jap. Keg. 1914 

31. If the vessel is to be detained the officer makes known this fact 
by a signal, and, taking with him the documents, the master, and 
other persons whose testimony may be necessary, he proceeds to his 
ship.— Eus. Ins. 19001 



48 REGULATION OF MARITIME WARFARE 

Art. LXVII. If the captain of the man-of-war decides to cap- 
ture a vessel he shall inform her master of the reason, and shall take 
possession of the vessel by sending one officer and the required num- 
ber of petty officers and men. If on account of bad weather or any 
other cause it is impossible to dispatch these officers and men, the 
captain of the man-of-war shall order the vessel to haul down her 
colors and to steer according to his direction. If the vessel does not 
obey the orders of the captain of the man-of-war, he may take any 
measures required for the occasion. — Jap. Reg. 1904: Art. 152, Reg. 
1914. 

26. After having decided to capture the ship, the captain of the 
warship shall communicate to the captain of the vessel under cap- 
ture the reason or reasons for which his vessel is liable to capture and 
at the same time dispatch a detachment of sailors under the com- 
mand of an officer to proceed to the captured ship and take posses- 
sion of the same. — China, Reg. 1917. 

31. After the capture the captain of the captor shall make detailed 
report on the circumstances under which the capture was carried 
out to the minister of navy. — China, Reg. 1917. 
Prize, definition. 

Note to preamble. — Le mot prise est une expression generale s'ap- 
pliquant a'u navire capture ou a la merchandise saisie. II designe 
egalement le fait de s'emparer d'un batiment de guerre. — Institute 
1913. 

Preliminary note. — Le mot prise est une expression generale s'ap- 
pliquant au navire capture ou a la marchandise saisie. — Fr. Ins. 1912. 

5. The following are acknowledged as prizes: (1) Detained (cap- 
tured) hostile vessels and cargoes, as well as vessels and cargoes of 
neutral nationality, and (2) Russian and neutral vessels and cargoes 
and the vessels and cargoes of an allied power captured back from 
an enemy who has seized them (recaptures), if the detention or re- 
capture has been effected under conditions indicated in these regu- 
lations. — Rus. Reg. 1895. 

11. Prize means the articles seized, adjudicated by the prize court 
and confiscated. — China, 1917. 

CARE OF PRIZE 

Art. 100. Formalites de la saisie. — Lorsque, apres la visite qui en 
aura ete faite, un navire est reconnu susceptible de capture, l'officier 
qui opere la saisie doit: 

1. Mettre sous scelles, apres les avoir inventories, tous les papiers de bord du 
navire ; 

2. Dresser un proces-verbal de la saisie, ainsi qu'un inventaire sommaire du 
batiment constatant son £tat ; 

3. Constater l'etat de la cargaison dont il sera dresse un inventaire, puis faire 
fermer les ecoutilles de la cale ; les coffres et les soutes et y apposer les scelles 
autant que le permettent les circonstances ; 



PRIZE 



49 



4. Dresser la liste des personnes trouvees a bord ; 

5. Mettre a bord du navire saisi un equipage suffisant pour s'assurer du 
navire et y maintenir l'ordre et le conduire dans tel port qu'il appartiendra. 

S'il le juge a propos, le capitaine peut, au lieu de detacher un equipage & 
bord du navire, se borner a l'escorter. 

— Institut, 1913. 

116. Si la visite ne determine pas la saisie du batiment, Pomcier 
qui en aura ete charge devra seulement la constater sur les papiers 
de bord. Si, au contraire, elle determine la saisie ou la capture, il 
devra etre procede ainsi qu'il suit : 

1. S'emparer de tous les papiers de bord et les mettre sous scelles apr£s en 
avoir dresse inventaire ; 

2. Dresser un proces-verbal de capture ou de saisie portant inventaire som- 
maire du batiment, dont un exemplaire sera remis au capitaine du navire 
capture ou saisi ; 

3. Constater l'etat du chargement, puis faire fermer les ecoutilles de la 
cale, les coffres, les soutes, et y apposer les scelles ; 

4. Dresser un etat des effets, argent, instruments nautiques, et autres objets 
appartenant au capitaine et a l'equipage. S'ils ne sont pas laiss6s a leur 
disposition, mention en sera faite au proces-verbal ; 

5. Mettre a bord un equipage pour la conduite de la prise et en donner le 
commandement a un omcier ou a un officier-marinier, en lui remettant une 
lettre de conducteur de prise et vos instructions. 

— Fr. Ins. 1912. 

Art. 103. Le navire saisi et la cargaison seront, autant que pos- 
sible, maintenus intacts durant leur voyage au port. Si la cargaison 
comprend des choses susceptibles de se deteriorer facilement, le 
capteur, autant que possible d'accord avec le capitaine du navire 
saisi et en sa presence, prendra les mesures les plus convenables pour 
la conservation de ces choses. — Institut, 1913. 

83. Attention is directed to articles 16 and 17 of the articles for 
the Government of the Navy (sec. 1624, Rev. Stat.), which read: 

Art. 16. No person in the Navy shall take out of a prize or vessel seized 
as a prize any money, plate, goods, or any part of the equipment, unless it be 
for the better preservation thereof, or unless such articles are absolutely 
needed for the use of any of the vessels or armed forces of the United States, 
before the same are adjudged lawful prize by a competent court ; but the 
whole, without fraud, concealment, or embezzlement, shall be brought in, in 
order that judgment may be passed thereon, and every person who offends 
against this article shall be punished as a court-martial may direct. 

Art. 17. If any person in the Navy strips off the clothes of or pillages, or 
in any manner maltreats any person taken on board a prize, he shall suffer 
such punishment as a court-martial may adjudge. (Sec. 1624, Rev. Stat., 
1878.) 

— U. S. Ins. 1917. 
106. The captain must immediately upon the capture of a ship 
or the seizure of goods take the measures which are necessary for 
their security and for the prize court proceedings. — Ger. O. 1909. 



50 REGULATION OF MARITIME WARFARE 

18. Upon detaining a merchant vessel and cargo the commander 
of the vessel which has made the detention is obliged to draw up a 
protocol concerning the reasons and circumstances of the detention, 
as well as to take the necessary measures for taking care of the 
detained vessel or cargo. Moreover, upon detaining the vessel itself 
(1) there are detained, together with the vessel, temporarily, regard- 
less of whether they are acknowledged to be prisoners of war or 
not, the master, supercargo, and other persons of the crew whose 
statements may, in the opinion of the commander of the detaining 
vessel, be indispensable in deciding matters during the investigation 
prescribed for prize cases, and (2) all documents found on the 
vessel are inventoried and sealed. — Rus. Reg. 1895. 

19. The master of a detained merchant vessel, as well as the 
owners of the vessel or cargo and the agents (trustees) of these 
owners, provided they are on the spot, are entitled to be present 
during the acts mentioned in the first part of article 18 and in point 2 
of the same article (18), to make their observations and suggestions 
with regard thereto, and to affix their seals to the articles and rooms 
being sealed. — Rus. Reg. 1895. 

23. Upon conducting a detained vessel or cargo into a Russian 
port or to the active fleet, it is surrendered to the naval authorities, 
the proper documents being turned over to the latter (Arts. 18 and 21) . 
The naval authorities, upon opening the documents which have been 
placed under seal, take measures as to the reception, inventorying, 
and preservation of the property turned over to them, and also in 
case of undelayable necessity, arrange for the sale by public auction 
of those articles constituting such property which, by their nature or 
condition, do not permit of being kept. Not only the commander 
of the detaining vessel or his empowered agent, but also the persons 
mentioned in article 19, are entitled to be present during these acts, 
as well as to make their observations and suggestions regarding 
them.— Rus. Reg. 1895. 

24. The rights and duties of the naval authorities indicated in 
article 23 become incumbent, in the absence of such authorities, as 
follows: (1) In Russian ports, on the local port, customs, or police 
authorities; and (2) in the ports of an allied power, upon agreement 
of the director of the naval ministry and the minister of foreign 
tiff airs with the proper foreign authorities, on the local Russian naval 
agency, or Russian consulate, or other establishment. — Rus. Reg. 
1895. 

107. If circumstances require a quick separating of the man-of-war 
from the captured ship, the officer commanding the prize crew 
(prize officer) is to be intrusted with these measures. — Ger. O. 1909. 

Art. 181. The commanding officer of a ship of war and the prize 
officer shall submit to the Minister of the Navy a detailed report con- 



PRIZE 51 

cerning the taking into port of a captured vessel, with their own 
opinions attached to it. However, when the persons and cargo have 
been landed, when the vessel has been taken into a port of an allied 
power, when the vessel has touched at a neutral port, when the cargo 
has been sold, or when any other unusual actions have been taken, 
being made necessary by circumstances, the substance of such action 
and the reason therefor shall be reported by telegraph. — Jap. Keg. 
1914. 

Art. 182. The provisions of this chapter are applicable to vessels 
detained. However, in the case of vessels detained, transshipment 
of persons on board, sale of cargo, and any other actions made neces- 
sary according to circumstances, shall be taken only in the case of 
absolute necessity. Also care must be taken to maintain the con- 
dition of the vessel and her cargo as found. — Jap. Reg. 1914. 

Certificate of valuables. 

Art. LXXVI. The captain of the man-of-war shall prepare in 
duplicate a certificate as to money, negotiable notes, and other valu- 
ables on board the vessel, and shall give one copy to the master of 
the vessel. — Jap. Reg. 1904. 

109. Concerning the money and valuables found on board, a list, 
confirmed in writing, according to 108, of which the master will 
retain a copy, will be drawn up and later delivered to the prize 
office. The captain is to see that proper steps are taken that no one 
may appropriate to his own use anything from the cargo, the ship's 
equipage, or the ship's stores. The ship, equipage, stores, and cargo, 
as well as the personal and material auxiliary means, are to be 
handled and managed with the greatest care. — Ger. O. 1909. 

Perishable goods. 

Art. LXXXIY. When there are among the cargo of a captured 
vessel any goods that putrify easily or are not adapted for transpor- 
tation, the captain of the man-of-war shall appoint a board from 
among the officers of the ship who are qualified for such work, and 
shall order them to submit a report. The substance of such investi- 
gation shall be entered in the log book. — Jap. Reg. 1904; art. 165, 
Reg. 1914. 

Art. LXXXV. When the board reports that there are among 
the cargo goods that are not adapted for transportation, the captain 
of the man-of-war shall sell such goods at the nearest Japanese 
port, or at a neutral port, if permission is obtained from the author- 
ities of the neutral State. Any goods that are not salable may be 
disposed of as seems best. — Jap. Reg. 1904. 

Art. 166. When the board reports that there are among the cargo 
goods that are not adapted for transportation, the commanding offi- 



52 REGULATION OF MARITIME WARFARE 

cer of the ship of war shall sell such goods at the place of capture, 
the nearest Japanese port, or that of an allied power. Any goods 
that are not salable may be disposed of as seems best. — Jap. Reg. 
1914. 

34. When the captain of the captor finds goods of perishable 
nature among the cargoes on board the captured vessel, which are 
not adquate to stand a long journey, he should order one of his 
officers to make a report, together with the captain of the captured 
vessel, to the prize court. In regard to the treatment of such goods, 
the captain of the captor can dispose of them at a public sale at 
the nearest port of the republic or any neutral port, where he can 
obtain the permission of the local authorities for the sale of such 
goods. The kind of the goods thus disposed of and the proceeds 
of the sale shall be entered in the log books of the vessel and forward 
the same to the prize court. — China, Reg. 1917. 

Art. LXXXVI. Before putting up such goods for sale the captain 
of the man-of-war shall select the most competent appraisers possible 
and shall have the whole of the cargo, or that part of it which is 
to be sold, appraised in writing. Such sale, when possible, shall be 
made by auction, in the presence of the prize officer and a Japanese 
consul, if convenient, or any other Japanese officer lying near the 
place where the sale is to be made. — Jap. Reg. 1904. 

Art. LXXXVII. The captain of the man-of-war shall order the 
prize officer to prepare a certificate according to Form VIII con- 
cerning the procedure of the sale, and shall send the certificate, ac- 
companied by the report of the board of survej^, appraisements, 
accounts of the sale, and other documents, together with the vessel. — 
Jap. Reg. 1904; art. 168, Reg. 1914. 

Loss at sea. 

Art. 107. Perte des prises par fortune de mer. — Si une prise est 
perdue par fortune de mer, on doit constater le fait avec soin. 
Aucune indemnite n'est due. dans ce cas, ni pour le navire, ni pour 
le chargement, pour vu que, si la prise est annulee ulterieurement, le 
capteur puisse prouver que la perte aurait eu lieu, raeme en l'absence 
du capture. — Institut, 1913. 

147. Si une prise est perdue par fortune de mer, il importe de 
constater le fait avec le plus grand soin et d'en faire l'objet d'un 
rapport adresse-sans delai au Ministre de la Marine. — Fr. Ins. 1912. 

Prize master. 

82. If circumstances permit, it is preferable that the officer making 
the search should act as prize master. — U. S. Ins. 1917. 

Art. LXXVII. The captain of the man-of-war shall, so far as 
possible, close and seal the holds of the captured vessel and shall take 



PRIZE 53 

care to prevent embezzlement of any cargo, furniture, or any otber 
things on board. — Jap. Reg. 1904. 

27. After having taken possession of the captured vessel, the cap- 
tain of the warship shall carry out the following measures : 

(a) The papers of the ship shall be taken off the ship and kept in safety 
(&) To examine the cargo and other valuable articles on board the captured 

vessel and make an invoice of the same. 

(c) The hatchway of the captured vessel leading to its cargo store shall be 

locked and sealed. 

—China Reg. 1917. 

124. The prize officer commands the captured ship and with re- 
gard to her has the rights and duties of the captain of the man-of- 
war captor. He will take care, before all else, for taking the ship in 
safely and for the observance of requirements of Sections VII and 
VIII.— Ger. O. 1909. 

126. He must apprehend and prevent any attempt of the ship's 
crew to regain possession of her, unnecessary use of force to be 
avoided.— Ger. O. 1909. 

130. Directly after arrival in a port, the prize officer will telegraph 
for further instructions to the Chief of the Admiralty Staff. — Ger. 
O. 1909. 

ISA. The prize officer is in command. — The prize officer acts as 
commanding officer of the captured ship, and in this respect he 
possesses the same rights and duties as the commanding officer of the 
war vessel that has captured the ship. (P. O. 124-131.) He is 
responsible for the navigation of the vessel. The crew, however, 
must carry out their former duties under his orders. 

13B. Precautions against attach by the crew. — Should the crew 
attempt to regain control of the ship, he must act with firmness and 
prevent them from doing so. In this connection, he should, for 
example, have all hatches but one closed and place a guard over the 
hatch left open. All arms are to be surrendered. — Ger. P. C. 1916. 

Art. XCVI. The prize officer shall pay the greatest attention to 
navigating captured vessel, and shall endeavor not to cause any 
damage to the vessel or her cargo. — Jap. Reg. 1904; Art. 178, 
Reg. 1914. 

Art. LXXIV. When a vessel has been taken possession of, the 
captain of the man-of-war shall seize the documents concerning 
the vessel and her cargo and all other documents on board ; arrange, 
number, and seal them; and the master of the vessel and the cap- 
tain of the man-of-war shall sign on them; and a certificate pre- 
pared according to Form IV shall be attached. The certificate of 
the above clause is generally made by the officer who received or 
found the documents. — Jap. Reg. 1904. 



54 REGULATION OF MARITIME WARFARE 

Art. 153. When a vessel has been taken possession of, the com- 
manding officer of the ship of war shall order the boarding officer to 
take the following steps : 

(1) To seize the ship's papers and all other documents found on board 
the vessel, to prepare a list of all the papers and to seal the papers. 

(2) When documents which have been thrown away, mutilated or hidden, 
are found or picked up, to proceed with them according to No. 1, stating 
the fact. 

(3) To prepare a list of money, negotiable notes, and other valuables on 
board the vessel. 

(4) To examine the condition of the cargo and to close and seal the holds 
of the vessel. 

(5) To prepare in duplicate a report regarding the capture or detaining 
according to Form No. 15 or 16, and to give one copy to the master of the 
vessel. 

—Jap. Reg. 1914. 

Art. LXXV. When documents are found which have been mu- 
tilated or thrown away or hidden, the captain of the man-of-war 
shall deal with them according to the preceding article; but in 
this case the certificate shall be according to Form V. — Jap. Reg. 
1904. 

Art. XCV. When a prize officer, while in charge of a captured 
vessel, receives any new documents or finds or picks up those 
mutilated or thrown away or hidden, he shall put them in order, 
number them, and affix to them a certificate prepared according to 
Form XI.— Jap. Reg. 1904. 

Art. 177. When a prize officer, while navigating the vessel, re- 
ceives any new documents or finds or picks up those mutilated or 
thrown away or hidden, he shall prepare a list of them and seal 
the documents, and attach them to the report made according to 
Form No. 21.— Jap. Reg. 1914. 

Inventory. 

Art. XCIII. A prize officer, when ordered to take possession of a 
captured vessel, shall prepare an inventory according to Form X, 
of the stores, furniture, and cargo, so far as it can be ascertained 
without disturbing the stowage. In preparing this inventory the 
prize officer may request assistance of the master of the vessel, and 
shall give him a copy of the inventory signed by himself. — Jap. 
Reg. 1904; art. 175, Reg. 1914. 

Journal. 

Art. XCIV. The prize officer shall keep a journal in which he 
shall enter events concerning the vessel, cargo, and persons on board. — 
Jap. Reg. 1904; art. 176, Reg. 1914. 

Log. 

125. He provides for continuing the ship's log book, and will him- 
self keep a journal from the time of coming on board, in which all 



PRIZE 55 

events concerning the voyage, the ship, the cargo, and the personnel 
are to be entered. — Ger. O. 1909. 

Transshipment of persons. 

128. If necessary, the prize officer may transship persons and, as far 
as he is empowered under 110, parts of the cargo to another vessel ; 
the reasons he must enter in the log book. A transshipment is al- 
ways warranted when it is done in the interest of the safety of per- 
sons or preservation of the cargo. — Ger. O. 1909. 

Landing or transshipment. 

Art. XCVII. The prize officer may land or transship the per- 
sons and cargo on board the captured vessel, but only in case of 
pressing necessity. In this case he shall prepare a certificate accord- 
ing to Form XII, stating the persons and goods landed or trans- 
shipped and the reason for such action. The persons and goods 
landed or transshipped shall be sent without delay by the most 
convenient means to the Imperial prize court. — Jap. Reg. 1904 ; art. 
179, Reg. 1914. 

PERSONNEL 
Treatment of personnel. 

Art. 101. En dehors des personnes susceptibles d'etre considerees 
comme prisonniers de guerre ou d'etre punies, le belligerant ne peut 
retenir, sur le navire saisi, que pendant un delai raisonnable, celles 
qu'il est necessaire d'entendre comme temoins pour la constatation 
des faits: a moins d'empechement absolu il doit les remettre en 
liberte apres que proces- verbal de leurs depositions a ete dresse. 

Si des circonstances speciales le commandant, le capitaine, les offi- 
ciers et une partie de l'equipage du navire saisi peuvent etre pris a 
bord du capteur. 

Le capteur pourvoira a l'entretien des personnes retenues et leur 
donnera, en tout cas, ainsi qu'aux personnes de l'equipage, lors de leur 
mise en liberte, les moyens provisoirement necessaires pour leur 
entretien ulterieur. — Institut, 1913. 

93. The United States may give the same treatment to nationals 
of enemy or neutral countries who legally come into the power of the 
United States by capture on the high seas that it gives to enemy or 
neutral nationals within its territory or jurisdiction. — U. S. Ins. 
1917. 

Art. 104. (b) Master and crew of captured ships — as far as they 
have not been made prisoners of war — have nevertheless to continue 
the performance of their previous duties until their release. The 
use of force, if in any way possible, is to be avoided. In other re- 
spects they remain in full enjoyment of their rights, as far as the 
circumstances of the war do not require otherwise. — Ger. O. 1909. 
6888—26 5 



56 REGULATION OF MARITIME WARFARE 

13. (e) Attitude toward passengers and crew. — No special meas- 
ures are to be taken in regard to the passengers and crew on normal 
occasions. The authorities will decide to what extent they are to 
be given their freedom on arrival in port. — Ger. P. C. 1916. 

Art. 121. The crew, passengers, and prisoners of war on board a 
captured vessel shall be given proper treatment, and care must be 
taken to protect their private property. With regard to prisoners 
of war, restraints may be put upon them, as necessary, but with re- 
gard to the crew and passengers, no restraint shall be put upon them 
unless there is special reason. — Jap. Reg. 1914. 

105. When circumstances require it, persons found on board cap- 
tured ships may be removed to another ship, even on board the war- 
ship. Their retention on board the warship may not be extended 
longer than absolutely necessary. — Ger. O. 1909. 

140. Dans le cas ou vous n'y verriez aucun danger, vous pourriez 
maintenir a leur bord le capitaine et tout ou partie de l'equipage du 
navire de commerce capture. — Fr. Ins. 1912. 

145. Dans des circonstances exceptionnelles, le capteur peut ex- 
pedier directement au port de prise, avec les pieces de procedure, les 
personnes (capitaine, officiers, ou membres de l'equipage du navire 
capture, au nombre de trois au moins) dont la presence est necessaire 
a l'instruction de la prise. Leur arrivee devra preceder celle de la 
prise elle-meme. — Fr. Ins. 1912. 

Art. L. The masters and crews of enemy's merchant vessels may 
be made prisoners. Passengers, and the master and crew of a ves- 
sel not enemy, shall not be made prisoners. In case it is necessary 
to call them as witnesses they may be detained. — Jap. Reg. 1904. 

28. With the exception of officers and crew of the captured ship 
participating in any hostile acts, the passengers and the crew shall 
be subject to the following treatment : 

(a) The captain, officers, and crew of enemy nationality shall be considered 
as prisoners of war, but they shall be released, provided that they give a 
written statement that they shall not be engaged in any service directly or 
indirectly in connection with the war in the interests of the enemy countries 
as long as the war lasts. 

(6) If the captain, or officers of the vessel are of neutral nationality, they 
shall not be considered as prisoners of war provided that they give a written 
statement that they shall not be engaged in service on board of enemy ships 
during the war. 

(c) The crew or other hands of neutral nationality on board the captured 
vessel shall not be considered as prisoners of war. 

—China, Reg. 1917. 

Art. LXIX. The captain of the man-of-war shall land at a con- 
venient port when possible all the passengers of a captured vessel, 
except those who are deemed to be contraband persons or those 
who must be detained as witnesses. — Jap. Reg. 1904. 



PRIZE 57 

29. With the exception of the prisoners of war and those necessary 
for witnesses, all the passengers on board the captured ship shall be 
permitted to land at the nearest port. — China, Reg. 1917. 

Art. LXXVIII. The captain and the officers of the man-of-war 
shall treat with proper courtesy the master and crew of the captured 
vessel and those who are to be made prisoners and shall pay proper 
attention to the protection of their personal effects. Those who 
are to be made prisoners may be kept under restraint as required, 
but other persons on board shall not be restrained unless there is a 
special reason. — Jap. Heg. 1904. 

Art. 55. A. Personnel des navires — Batvments de guerre. — En cas 
de capture par l'ennemi d'un batiment de guerre, les combattants et 
les noncombattants f aisante partie de la force armee des belligerants 
ont droit au traitement des prisonniers de guerre. — Institut, 1913. 

146. Si le navire capture est un batiment de guerre, vous trans- 
borderez le capitaine, la majeure partie des officiers, une portion de 
l'equipage, et vous conduirez ces prisonniers dans un port francais 
ou allie, ou occupe par les forces armees franchises ou alliees. — Fr. 
Ins. 1912. 

Art. 5. When an enemy merchant ship is captured by a belligerent, 
such of its crew as are nationals of a neutral State are not made 
prisoners of war. The same rule applies in the case of the captain 
and officers likewise nationals of a neutral State, if they promise 
formally in writing not to serve on an enemy ship while the war 
lasts.— XI, H. C. 1907. 

Art. 7. The names of the persons retaining their liberty under the 
conditions laid down in article 5, paragraph 2, and in article 6, are 
notified by the belligerent captor to the other belligerent. The latter 
is forbidden knowingly to employ the said persons. — XI, H. C. 1907. 

Art. 56. Navires publics ou prives. — Lorsqu'un navire ennemi 
public ou prive est saisi par un belligerant, les hommes de son 
equipage, nationaux d'un Etat neutre, ne sont pas faits prisonniers 
de guerre. II en est de meme du capitaine et des officiers egalement 
nationaux d'un Etat neutre, s'ils promettent formellement par ecrit 
de ne prendre, pendant la duree des hostilites, aucun service ayant 
rapport avec les operations de la guerre. Le capitaine, les officiers et 
les membres de l'equipage, nationaux de 1'lStat ennemi, ne sont pas 
faits prisonniers de guerre, a condition qu'ils s'engagent, sous la foi 
dune promesse formelle ecrite, a ne prendre, pendant la duree des 
hostilites, aucun service ayant rapport avec les operations de la 
guerre. — Institut, 1913. 

135. Lorsque vous aurez capture un navire de commerce ennemi, les 
hommes de son equipage, nationaux d'un fitat neutre, ne seront pas 
faits prissonniers de guerre. — Fr. Ins. 1912. 



58 REGULATION OF MARITIME WARFARE 

136. II en sera de meme du capitaine et des officiers, egalement 
nationaux d'un fitat neutre, s'ils promettent formellement par ecrit 
de ne pas servir sur un navire ennemi pendant la duree de la 
guerre. — Fr. Ins. 1912. 

Art. 112. In the case of capture of an enemy merchant vessel 
neutral members of the crew shall not be made prisoners of war. — 
Jap. Reg. 1914. 

Art. 113. The master and officers of an enemy vessel who have 
neutral nationality shall not be made prisoners of war if they for- 
mally promise in writing that they will not serve in enemy vessels 
during the continuation of the war. — Jap. Reg. 1914. 

Art. 6. The captain, officers, and members of the crew, when na- 
tionals of the enemy State, are not made prisoners of war, on con- 
dition that they make a formal promise in writing not to under- 
take, while hostilities last, any service connected with the operations 
of the war.— XI, H. C. 1907. 

137. Le capitaine, les officiers et les menibres de l'equipage, na- 
tionaux de l'£tat ennemi, ne seront pas faits prisonniers de guerre, 
a la condition qu'ils s'engagent, sous la foi d'une promesses formelle 
ecrite, a ne prendre pendant la duree des hostilites aucun service 
ayant rapport avec les operations de la guerre. — Fr. Ins. 1912. 

100. If a ship is captured under 10 to 16(a) as an enemy ship, or 
under 55(b), (c), (d), because of unneutral service, the master, offi- 
cers, and members of the crew, as far as they are of the enemy's 
nationality, will not be made prisoners of war if they bind them- 
selves on the strength of a fornial written promise to engage in no 
service, during the period of the war, that may have any connection 
with the hostile undertakings of the enemy. So far as the crew 
belong to a neutral State they may be released unconditionally. If 
the master and officers have neutral nationality, they are to be re- 
leased if they give a formal written agreement to take service in no 
enemy ship during the period of the war. — Ger. O. 1909. 

138. Vous remettrez aux interesses recu des promesses qu'ils 
auraient faites dans les termes des paragraphes 136 et 137. En 
outre, vouz aurez soin de me faire connaitre et de porter a la connais- 
sance de l'ennemi, par toutes voies possibles, les noms des individus 
laisses libres dans les conditions visees aux susdits paragraphes. — 
Fr. Ins. 1912. 

Art. 114. The master, officers, and other members of the crew 
of an enemy vessel who are of enemy nationality shall not be made 
prisoners of war if they duly swear in writing that they will not, 
during the continuation of the war, serve in any duty connected 
with hostile operations. — Jap. Reg. 1914. 

Art. 115. The master, officers, and other members of the crew of 
an enemy vessel who have formally promised or taken oath in 



PRIZE 59 

Accordance with the provisions of the preceding two articles shall 
be set at liberty. In this case the commanding officer of the man- 
of-war shall immediately report the names of the persons set at 
liberty to the Minister of the Navy, and shall try to notify the 
enemy of the same through proper channels, as far as possible. — 
Jap. Reg. 1914. 

Nationality. 

Art. 58. Toute personne faisant partie de Pequipage d'un navire 
public ou prive ennemi est, sauf preuve contraire, presumee de 
nationalite ennemie. — Institut, 1913. 

142. Toute personne trouvee a bord d'un navire de commerce 
ennemi est, sauf preuve contraire, presumee de nationalite ennemie. — 
Fr. Ins. 1912. 

Art. 117. Members of the crew on board an enemy vessel are 
presumed to be of enemy nationality unless there is proof to the 
contrary. — Jap. Reg. 1914. 

Of enemy vessel, resisting capture. 

92. The captain, officers, and crew of an enemy merchant ship 
which has resisted capture may be made prisoners of war. — U. S. 
Ins. 1917. 

99. If a ship is captured under 16(b) (resistance) or 55(a) (tak- 
ing part in hostilities), those persons who without being enrolled in 
the enemy forces have taken part in the hostilities or have exerted 
forcible resistance may be dealt with according to the customs of 
war. The other persons of the crew will be made prisoners of war. — 
Ger. O. 1909. 

Of enemy vessel, exempt. 

Art. 64. C. Personnel religieux, medical et hospitaller. — Le per- 
sonnel religieux, medical et hospitalier de tout batiment pris ou saisi 
est inviolable et ne peut etre fait prisonnier de guerre. II emporte, 
en quittant le navire, les objets et les instruments de chirurgie qui 
sont sa propriete particuliere. 

Ce personnel continuera a remplir ses fonctions tant que cela sera 
necessaire et il pourra ensuite se retirer, lorsque le commandant en 
chef le jugera possible. 

Les belligerants doivent assurer a ce personnel tombe entre leurs 
mains les memes allocations et la meme solde qu'au personnel des 
memes grades de leur propre marine. 

Jouit de la protection dont beneficie le personnel sanitaire, le com- 
missaire mis par le belligerant a bord du batiment hospitalier de son 
adversaire, conformement a Palinea 10 de Particle 41. 

Le personnel religieux, medical et hospitalier perd ses droits a 
Pinviolabilite, s'il s'immisce dans les hostilites, si, par exemple, il 
fait usage de ses armes autrement que comme moyen de defense. — 
Institut, 1913. 



60 REGULATION OF MARITIME WARFARE 

Of enemy merchant vessels, notification. 

Art. 57. Les noms des individus laisses libres notifies par le bel- 
ligerant capteur a l'autre belligerant. II est interdit a ce dernier 
d'employer sciemment les dits individus. — Institut, 1913. 

Of enemy merchant vessels taking part in hostilities. 

Art. 60. Sous la condition de la proniesse prevue par V article pre- 
cedent. — Lorsqu'un navire public ou prive a directement ou indi- 
rectement pris part aux hostilites, l'ennemi peut retenir comme 
prisonniers de guerre tous les membres du personnel du navire, sans 
prejudice des penalites qui peuvent etre prononcees d'autre part. — 
Institut, 1913. 

Art. 61. Les membres du personnel d'un navire public ou d'un 
navire prive, qui se rendent personnellement coupables d'un acte 
hostile envers l'ennemi, peuvent etre retenus par lui comme prison- 
niers de guerre, sans prejudice des penalites qui peuvent etre encou- 
rues d'autre part. — Institut, 1913. 

Of enemy merchant vessels, passengers, and followers. 

Art 62. B. Passagers. — Les individus qui suivent une force na- 
vale sans en faire partie, tels que les fournisseurs, correspondants de 
journaux, etc., lorsqu'ils tombent au pouvoir de l'ennemi, et lorsque 
celui-ci juge utile de les retenir, ne peuvent etre detenus qu'aussi 
longtemps que les necessites militaires l'exigent. lis ont droit au 
traitement des prisonniers de guerre. — Institut, 1913. 

Art. 63. — Les passagers qui, sans faire partie de l'equipage, se 
trouvent a bord d'un navire ennemi, ne peuvent etre retenus comme 
prisonniers de guerre par l'ennemi, a moins qu'ils ne se soient rendus 
coupables d'un acte hostile. Tout passager incorpore dans la force 
armee de l'ennemi peut etre fait prisonnier de guerre, meme si le 
navire n'est pas susceptible de saisie. — Institut, 1913. 

143. Les passagers sont libres et peuvent debarquer dans le pre- 
mier port ou le batiment aborde. — Fr. Ins. 1912. 

103. Passengers on board captured ships are to be left free from 
restraint and, with the exception of necessary witnesses, are to be 
released as soon as practicable. — Ger. O. 1909. 

Art. 104. (c) The passengers of captured ships shall be restricted 
in their rights only in serious cases, for instance, on account of 
rendering unneutral service. — Ger. O. 1909. 

Art. 119. The passengers on board a captured vessel, excepting 
those who have been embodied in military forces of the enemy, shall 
be landed at a convenient place as soon as practicable. Of the pas- 
sengers mentioned in the preceding paragraph, those who are needed 
as witnesses may be detained. — Jap. Reg. 1914. 



. PRIZE 61 

Of enemy merchant vessels, exemption. 

Art. 59. Ne peuvent etre retenus comme tels les membres du per- 
sonnel d'un navire ennemi qui, a, raison de son caractere particulier, 
est lui-meme exempt de saisie. — Institut, 1913. 
Of neutral vessel. 

101. If a neutral ship is captured according to 39, for contraband, 
or under 77, 78, for breach of blockade, or under 51, for unneutral 
service, the entire crew, including the master and officers, will be 
released unconditionally. — Ger. O. 1909. 

Art. 118. Members of the crew of a captured neutral vessel shall 
not be made prisoners of war. However, they may be detained if it 
is considered that they are needed as witnesses. — Jap. Reg. 1914. 

Of hospital ships. 

Art. VII. The religious, medical, and hospital staff of any cap- 
tured vessel are declared neutral, and, on leaving the ship, may 
remove the articles and surgical instruments which are their private 
property. — Spain, Ins. 1898. 

Art. 10. The religious, medical, and hospital staff of any cap- 
tured ship is inviolable, and its members can not be made prisoners 
of war. On leaving the ship they take away with them the objects 
and surgical instruments which are their own private property. 
This staff shall continue to discharge its duties while necessary, and 
can afterwards leave, when the commander in chief considers it 
possible. The belligerents must guarantee to the said staff, when 
it has fallen into their hands, the same allowances and pay which 
are given to the staff of corresponding rank in their own navy. — 
X, H. C. 1907. 

Art. 120. Enemy persons on board a captured vessel who are em- 
ployed in religious, medical, or nursing duties shall not be made 
prisoners of war, but those of whom there are suspicious circum- 
stances may be detained until definite proof is obtained. — Jap. Reg. 
1914. 

Art. VIII. The staff designated in the preceding article must 
continue to fulfill their functions in the captured ship, assisting in 
the removal of the wounded made by the victorious party ; they will 
then be at liberty to return to their country in conformity with the 
second paragraph of the first additional article. The stipulations of 
the second additional article are applicable to the pay and allowance 
of the staff already mentioned. — Spain, Ins. 1898. 

Of cartel vessels. 

Art. 65. D. PaHementaires. — Le personnel des na vires de cartel 
est inviolable. II perd ses droits a l'inviolabilite s'il est prouve d'une 



62 REGULATION OF MARITIME WARFARE 

maniere positive et irrecusable qu'il a profite de sa position privi- 
legiee pour provoquer ou eommettre un acte de trahison. — Institut, 
1913. 

Release. 

102. The release will be accomplished by discharge from a board 
when the prize is delivered. The necessary witnesses are, however, 
to be held. The names of the conditionally released enemy and 
neutral persons are to be reported direct to the chief of the ad- 
miralty staff for communication to the hostile power. — Ger. O. 1909. 

BRINGING IN 
To port. 

Art. 102. Le navire saisi doit etre conduit dans un port de PEtat 
capteur ou dans celui d'une puissance belligerante ailliee, aussi 
proche que possible, susceptible d'offrir un abri sur et ayant des 
communications faciles avec le tribunal des prises charge de statuer 
sur la capture. Pendant le voyage, la prise naviguera avec le pavil- 
ion et la flamme, insigne des navires militaries de l'Etat. — Institut, 
1913. 

Art. 109. Jugement des prises. — Le navir saisi et son chargement, 
une fois entres dans un port de l'Etat capteur ou dans celui d'une 
puissance alliee, sont remis a l'autorite competente, avec tous les docu- 
ments necessaires. — Institut, 1913. 

80. Except under extraordinary circumstances, prizes shall be 
sent promptly to a port within the jurisdiction of the United States 
for adjudication. In general, a prize master with a crew shall be 
sent on board the prize for this purpose. If for any reason this is 
impracticable, a prize may be escorted into port by the capturing 
vessel or by another vessel of war of the United States or of an ally. 
In this exceptional case the prize shall be directed to lower her flag 
and to steer according to the orders of the escorting vessel of war. 
The prize must obey the instructions of the escorting vessel, under 
pain of forcible measures. — U. S. Ins. 1917. 

128. Sauf le cas de force majeure indique ci-dessous, les prises sont 
dirigees sur les ports de France ou des possessions franchises, ou 
appartenant a un Gouvernement allie. — Fr. Ins. 1912. 

22. Detained vessels and cargoes are conducted by the detaining 
vessel into Russian ports, and if there are none such in the vicinity, 
then into the ports of an allied power or to the active Russian fleet 
(the fleet engaged in operations). In case of storm or other extreme 
necessity the detaining vessel may, together with the detained vessel, 
seek shelter in the port of a neutral power. Regarding the period 
and conditions of remaining in port, the commander of the detaining 
vessel is obliged to submit to the rules established on this subject 
by the local government. — Rus. Reg. 1895. 



PRIZE 63 

39. Detained vessels and cargoes are, in the discretion of the im- 
perial cruiser, conducted into port or to the active fleet either by the 
cruiser itself or they proceed independently into port under the direc- 
tion of a Russian officer and crew, commanders being governed in 
these cases by the rules set forth in articles 351-353 of the Navy 
Regulations, edition of 1899. In case the detained vessel is sent off 
separately, its original ship's papers and the documents concerning 
the detention are kept with the commander of the cruiser, while the 
officer conducting the vessel is given copies of these papers and docu- 
ments. — Rus. Ins. 1900. 

134. Si le capteur n'escorte pas sa prise parce qu'il juge pouvoir 
1'expedier directement, le conducteur de la prise doit, a son arrivee au 
port de destination, remettre a Pautorite maritime : 

1. Son rapport de tr aver see. 

2. Les pieces et documents de toute nature vises au paragraphe 116. 

Une copie certifiee du proces-verbal de capture et d'apposition des scelles 
restera entre les mains du capteur. 

II importe a tous les points de vue que le capteur n'omette aucune de ces 
formalities reglementaires. 

— Fr. Ins. 1912. 

11. The vessels or goods captured shall be brought to the nearest 
port in the kingdom, colonies, or territory occupied by Italy, or, 
this being impossible, to a port of an allied nation or occupied by 
the latter or in case of absolute necessity to a neutral port. The 
vessels and goods shall there be placed at the disposal of the maritime 
and consular authorities as the case requires, together with a report 
of what has been done, accompanied by the respective declarations 
and documents. — Italy, P. R. 1915. 

81. The procedure prescribed by the Revised Statutes shall be 
observed : 

Sec. 4515. The commanding officer of any vessel making a capture 
shall secure the documents of the ship and cargo, including the log 
book, with all other documents, letters, and other papers found on 
board, and make an inventory of the same and seal them up and 
send them, with the inventory, to the court in which proceedings are 
to be had, with a written statement that they are all the papers 
found and are in the condition in which they were found ; or explain- 
ing the absence of any documents or papers or any change in their 
condition. He shall also send to such court, as witnesses, the master, 
one or more of the other officers, the supercargo, purser, or agent 
of the prize, and any person found on board whom he may suppose 
to be interested in, or to have knowledge respecting, the title, national 
character, or destination of the prize. He shall send the prize, with 
the documents, papers, and witnesses, under charge of a competent 
prize master and prize crew, into port for adjudication, explaining 
6888—26 6 



64 REGULATION OF MARITIME WARFARE 

the absence of any usual witnesses; and in the absence of instruc- 
tions from superior authority as to the port to which it shall be sent 
he shall select such port as he shall deem most convenient, in view 
of the interests of probable claimants as well as of the captors. If 
the captured vessel, or any part of the captured property, is not in 
condition to be sent in for adjudication, a survey shall be had thereon 
and an appraisement made by persons as competent and impartial 
as can be obtained, and their reports shall be sent to the court in 
which proceedings are to be had; and such property, unless ap- 
propriated for the use of the Government, shall be sold by the 
authority of the commanding officer present, and the proceeds 
deposited with the Assistant Treasurer of the United States most 
accessible to such court and subject to its order in the cause. 

Sec. 4617. The prize master shall make his way diligently to the 
selected port and there immediately deliver to a prize commissioner 
the documents and papers, and the inventory thereof, and make 
affidavit that they are the same and are in the same condition as 
delivered to him, or explaining any absence or change of condition 
therein, and that the prize property is in the same condition as 
delivered to him, explaining any loss or damage thereto; and he 
shall further report to the district attorney and give him all the 
information in his possession respecting the prize and her capture; 
and he shall deliver over the persons sent as witnesses to the custody 
of the marshal and shall retain the prize in his custody until it shall 
be taken therefrom by process of the prize court. — U. S. Ins. 1917. 

111. The captain will provide for taking the ship, the quickest 
and safest possible way into a German port or one of an allied 
power. A prize may be taken into a neutral port only when the 
neutral power permits the bringing in of prizes. A prize may run 
into a neutral port always on account of unseaworthiness, heavy 
weather, or shortage of fuel or stores. In the latter case she must 
leave the port again as soon as the cause which justified entering no 
longer exists. The captain gives the prize officer appropriate sail- 
ing orders in writing, and so makes up the prize crew that it is 
possible for the prize officer to take the ship in. — Ger. O. 1909. 

Of crew. 

Art. LXXX. The captain of the man-of-war may request the 
master and crew of the captured vessel to assist in navigating the 
vessel under the direction of the prize officer; and in case such 
request is not complied with, he may insist upon it. — Jap. Reg. 
1904; art. 161, Reg. 1914. 

Meaning of " port." 

131. Vous pourrez d'ailleurs considerer comme port pour la mise 
sous sequestere des navires et des marchandises tout port occupe par 



PRIZE 65 

nos forces, ou il pourra etre procede aux actes d'instruction et d'ad- 
ministration presents par les lois et reglements de la Republique. — 
Fr. Ins. 1912. 

Delivery. 

Art. XCVIII. The prize officer, when he arrives at the place of 
destination, shall deliver the captured vessel to the prize court and 
shall make a request for examination. — Jap. Reg. 1904; art. 180, 
Reg. 1914. 

131. If the port reached is German or belongs to an allied or a 
neutral power which allows generally the bringing in of prizes, 
the prize officer will deliver the prize there. The delivery in a 
German port will be made to the consular representative of the 
German Empire, to the competent port authorities, otherwise, or of 
an allied power with simultaneous delivery of the papers, reports, 
and other means of evidence, for further transmission to the prize 
office. At the same time, the persons who under 102 are to be let 
go free are to be released, so far as they have not to be retained as 
witnesses. — Ger. O. 1909. 

43. Upon the bringing of a detained vessel or cargo into a Russian 
port it is delivered to the local naval authority (and in the absence 
of the latter to the port, customs, or police authority), to whom are 
presented all documents and surrendered all persons detained on 
the vessel in question for the purpose of elucidating the case. In 
case the detained vessel or cargo is brought to the active fleet, it is 
turned over to the commander of the squadron. The proper naval 
or other authority opens the sealed documents and takes measures 
for the reception, inventory, and preservation of the surrendered 
property, as well as for the sale at public auction of those articles 
which can not be kept, owing to their nature or condition. The fol- 
lowing have a right to be present during the performance of the acts 
in question: Firstly, the commander or one of the officers of the 
imperial vessel which has made the capture; and, secondly, the 
master of the detained vessel, as well as the owners of the vessel and 
cargo or their agents, provided these owners or agents are present at 
the place in question. All persons present are entitled to make sug- 
gestions and observations in regard to the acts of the local authority 
receiving the property. — Rus. Ins. 1900. 

44. In the case of a detained vessel or cargo being brought into 
the port of an allied power, it is surrendered to the local Russian 
naval agency, Russian consulate, or other establishment, upon which, 
after agreement of the Russian Government with the proper foreign 
authorities, will devolve the duty of receiving the prizes. — Rus, 
Ins. 1900. 



66 REGULATION OF MARITIME WARFARE 

45. The commander of the imperial vessel is obliged to notify the 
director of the naval ministry by telegraph, at the earliest possible 
moment, of all vessels and cargoes detained, as well as of their con- 
duction into port and proper delivery. — Rus. Ins. 1900. 

Art. LXXIX. The captain of the man-of-war shall send on board 
the captured vessel a prize officer and the requisite number of petty 
officers and men, and shall send the vessel and her cargo to a port 
where there is an imperial prize court or to a Japanese port in the 
neighborhood of such port. — Jap. Reg. 1904; Art. 160, Reg. 1914. 

33. The captain of the captor after the capture shall order the 
officer in possession of the captured ship to bring the latter to a port 
where the Prize Court of the Republic is situated, together with all 
the papers of the vessel, for adjudication. — China, Reg. 1917. 

Art. LXXXI. The captain of the man-of-war shall send into 
port on board the captured vessel the master and crew, and all the 
cargo and certificates, and the ship's papers, so far as possible, in the 
same condition in which they were found at the time of capture. 
The captain of the man-of-war, when he thinks it necessary, shall 
send an officer who can testify to the circumstances of the capture. — 
Jap. Reg. 1904; Art. 162, Reg. 1914. 

Art. LXXXII. When the captain of the man-of-war thinks that 
it is not proper to send in the captured vessel, the master, and the 
whole crew, he shall send at least three or four principal members 
of the crew as witnesses, and two of them shall be selected from the 
master, chief purser, mates, and chief seaman. That part of the 
crew taken to another vessel shall be sent without delay to the port 
where the captured vessel has been sent. — Jap. Reg. 1904. 

Art. 163. When the commanding officer of a ship of war thinks 
that it is not proper to send in the captured vessel, the master, and 
the whole crew, at least he shall select a few from the master, chief 
purser, mates, and officers who have charge of cargo and send them 
on board as witnesses. That part of the crew taken to another 
vessel shall be sent without delay to the port where the captured 
vessel has been sent. — Jap. Reg. 1914. 

Art. LXXXIII. In the case of the preceding article, the captain 
of the man-of-war shall order the prize officer to prepare a certificate 
according to Form VII, stating that part of the crew taken to another 
vessel and the reason for it. — Jap. Reg. 1904; art. 164, Reg. 1914. 

Unseaworthy. 

Art. LXXXVIII. When the captain of a man-of-war deems a 
captured vessel unfit to be sent into port as above prescribed, he shall 
appoint from among the officers a competent board to investigate 
the matter and direct them to submit a report. The gist of their 
report shall be entered in the log book. — Jap. Reg. 1904; art. 169, 
~Reg. 1914. 



PRIZE 67 

Art. LXXXIX. If the board reports that the captured vessel is 
unfit to be sent into port as prescribed, the captain of the man-of-war 
shall send the vessel to the nearest Japanese port or the nearest 
neutral port, with the consent of the neutral authorities. — Jap. 
Keg. 1904. 

Art. 170. If the board reports that the captured vessel is unfit to 
be sent to the port (of the nearest prize court), the commanding 
officer of the ship of war shall send the vessel to the nearest Japanese 
port or that of an allied power. — Jap. Reg. 1914. 

Art. XC. In the case of the preceding article the captain of the 
man-of-war shall order the prize officer to prepare a certificate ac- 
cording to Form IX, in which the circumstances of sending the vessel 
to the nearest Japanese port or to the nearest neutral port shall be 
stated in detail, and the captain shall order the prize officer to send 
this certificate, accompanied by the report of the board, and the 
witnesses, ship's papers, and any other documents required for judi- 
cial examination to the nearest imperial prize court. — Jap. Reg. 
1904. 

Art. 171. In the case of the preceding article, the commanding 
officer of the ship of war shall order the prize officer to prepare a 
report according to Form No. 19, stating in detail the circumstances 
of sending the vessel to the nearest Japanese port or that of an allied 
power, and to send this report, accompanied by the report of the 
board, together with the witnesses, the ship's papers, and other 
documents required for judicial examination to the nearest Japanese 
prize court. — Jap. Reg. 1914. 

RELEASE 
Of innocent vessel. 

88. If the officer upon examining the papers forms the opinion 
that the ship is not liable to capture, he releases her, with the ap- 
proval of the captain, and after making an entry on the ship's log 
book and certificate of nationality (visiting ship, time, place of 
visit, reason for release, name and rank of the captain and of the 
boarding officer). Before releasing the ship he makes request of the 
master for a written declaration whether and what objections he has 
to the carrying out of these measures. — Ger. O. 1909. 

8. (P. O. 88, Form 1) Should the ship's papers disclose nothing 
of a suspicious nature, or the ship herself not be open to suspicion, 
she is to be released by the examining officer, after he has obtained 
fhe approval of the commanding officer and has made an entry in the 
ship's log or made out a certificate regarding the result of the search. 
Any complaints made by the master are to be taken down in writ- 
ing.— Ger. P. C. 1916. 



68 REGULATION OF MARITIME WARFARE 

92. If the latter is convinced by the search that the ship is not 
liable to capture, he will proceed carefully to restore the previous 
condition of the ship and cargo, according to 88 and 89. Claims of 
the master for damage are, if possible, to be regulated before the 
ship is released. — Ger. O. 1909. 

97. If proof appears, after the capture has been made, that a ship 
was wrongfully captured, she is to be released without delay, accord- 
ing to 92. The report mentioned in 96 in this case also, with the 
data concerning the reasons for release, is to be rendered and by the 
chief of the Admiralty Staff transmitted to the prize court having 
jurisdiction. — Ger. O. 1909. 

Art. LXX. If the captain of a man-of-war, after capturing a 
vessel, ascertains that the capture was unlawful, he shall instantly 
release her. — Jap. Keg. 1904 ; art. 155, Reg. 1914. 

32. After the capture, if the captain of the captor discovers cir- 
cumstances which do not justify his action, he should set the vessel 
free at once. — China, Reg. 1917. 

119. If the captain believes that a captured ship neither can be 
brought in nor should be sunk, he must release it under 92. — Ger. O. 
1909. 

Of prize, neutral jurisdiction. 

130. Si la prise, en mesure de sortir des eaux neutres, retardait son 
depart ou ne se conformait pas a l'ordre de partir immediatement 
qui lui aurait ete notifie par la puissance neutre, cette derniere 
serait dans son droit strict en usant des moyens dont elle dispose 
pour relacher la prise avec ses officiers et son equipage, et interner 
l'equipage mis a bord par le capteur. — Fr. Ins. 1912. 

REQUISITION 
Prize, requisition. 

Art. 106. Emploi des navires saisis. — Si le navire saisi ou sa car- 
gaison est necessaire au capteur pour un usage public immediat, 
il peut les employer a cet usage. Dans ce cas il sera fait du navire 
et de la cargaison, par des personnes impartiales, une estimation et 
un inventaire soigneux qui, joints au dossier de la saisie, seront 
transmis au tribunal des prises. — Institut, 1913. 

84. By the Revised Statutes captured vessels may be taken for 
the use of the United States. Section 4624, Revised Statutes, reads 
as follows: 

Whenever any captured vessel, arms, munitions, or other material are 
taken for use of the United States before it comes into the custody of the 
prize court, it shall be surveyed, appraised, and inventoried by persons as 
competent and impartial as can be obtained, and the survey, appraisement, 
and inventory shall be sent to the court in which proceedings are to be had; 
and, if taken afterwards, sufficient notice shall first be given to enable the 



PRIZE 69 

court to have the property appraised for the protection of the rights of the 
claimants and captors. In all cases of prize property taken for or appro- 
priated to the use of the Government the department for whose use it is 
taken or appropriated shall deposit the value thereof with the assistant 
treasurer of the United States nearest to the place of the session of the court, 
subject to the order of the court in the cause. (Sec. 4624 R. S., 1878) 

— U. S. Ins. 1917. 
85. While any prize may thus be legally converted to immediate 
public use, and would be under compelling circumstances, it is inad- 
visable so to convert neutral property taken as prize, because if 
the prize court fails to condemn the property indemnification for 
the conversion to public use may be the subject of a claim. — U. S. 
Ins. 1917. 

1. Where it is made to appear to the judge on the application of 
the proper officer of the Crown that it is desired to requisition on 
behalf of His Majesty a ship in respect of which no final decree 
of condemnation has been made, he shall order that the ship shall 
be appraised, and that upon an undertaking being given in accord- 
ance with rule 5 of this order, the ship shall be released and de- 
livered to the crown. 

2. Where a decree for the detention of a ship has been made in 
accordance with order 28, the proper officer of the Crown may file 
a notice that the Crown desires to requisition the same, and there- 
upon a commission to the marshal directing him to appraise the 
ship shall issue. Upon an undertaking being given in accordance 
with rule 5 of this order the ship shall be released and delivered 
to the Crown. Service of this notice shall not be required before 
filing, but copies thereof shall be served upon the parties by the 
proper officer of the Crown as soon thereafter as possible. 

3. Where in any case of requisition under this order it is made 
to appear to the judge on behalf of the Crown that the ship is re- 
quired for the service of His Majesty forthwith, the judge may 
order the same to be forthwith released and delivered to the Crown 
without appraisement. 

4. In any case where a ship has been requisitioned under the pro- 
visions of this order, and whether or not an appraisement has 
been made, the court may, on the application of any party, fix the 
amount to be paid by the Crown in respect of the value of the ship. 

5. In every case of requisition under this order an undertaking 
in writing shall be filed by the proper officer of the Crown for pay- 
ment into court on behalf of the Crown of the appraised value of 
the ship, or of the amount fixed under rule 4 of this order, as the 
case may be, at such time or times as the court shall declare by 
order that the same or any part thereof is required for the purpose 
of payment out of court. 



70 REGULATION OF MARITIME WARFARE 

6. Where in any case of requisition under this order it is made 
to appear to the judge on behalf of the Crown that the Crown 
desires to requisition the ship temporarily, the court may, in lieu 
of an order of release, make an order for the temporary delivery 
of the ship to the Crown, and, subject as aforesaid, the provisions 
of this order shall apply to such a requisition; provided that, in 
the event of the return of the ship to the custody of the court, the 
court may make such order as it thinks fit for the release of the 
undertaking given on behalf of the Crown or the reduction of the 
amount undertaken to be paid thereby, as the case may be ; and pro- 
vided also that, where the ship so requisitioned is subject to the 
provisions of order 28, rule 1, relating to detention, the amount for 
which the Crown shall be considered liable in respect of such 
requisition shall be the amount of damage, if any, which the ship 
has suffered by reason of such temporary delivery as aforesaid. 

7. The proceedings in respect of a ship requisitioned under this 
order shall continue notwithstanding the requisition. 

8. In any case of requisition of a ship in respect of which no 
cause has been instituted, any person interested in such ship may 
without issuing a writ, provided he does not intend to make a 
claim for restitution or damages, apply by summons for an order 
that the amount to be paid in respect of such ship be fixed by the 
court, and the judge may, on the hearing of such summons, order 
the ship to be appraised or to be valued, or give such other directions 
for fixing the amount as he may think fit. — Br. O. in C. No. 29, Mar. 
23, 1915. 

148. Si l'interet public Pexige, vous pourrez rearmer les navires 
ennemis captures et les employer pour les besoins du service, apres 
en avoir, autant que possible, fait dresser un inventaire sommaire 
avec estimation. — Fr. Ins. 1912. 

112. The captain is authorized to employ a ship which has been 
captured as hostile under 10 and 16, as an auxiliary vessel, or if its 
sending in seems not to the purpose or unsafe, to destroy it. The 
same holds for a ship captured under 56, if it is certain that an 
unneutral service of serious nature can be proved before the prize 
court.— Ger. O. 1909. 

41. If the detained vessel subject to destruction on the basis of 
the foregoing article is found to be better than the imperial vessel, 
owing to its condition or its seagoing qualities, the commander has 
the right to substitute the prize for his own vessel and burn or sink 
the latter.— Kus. Ins. 1900. 

Art. 132. Captured enemy vessels, when it is considered that 
there is military necessity, may be armed or be used for any other 
military purposes. — Jap. Reg. 1914. 



PRIZE 71 

Removal of persons. 

Art. 133. Before using a captured enemy vessel for military pur- 
poses, the commanding officer of the ship of war shall remove all 
the persons on board the vessel to a place of safety and shall take 
on board his ship all papers necessary for trial. — Jap. Keg. 1914. 

127. He may take goods from the cargo, in the master's presence 
and against a receipt, which the execution of his orders may re- 
quire.— Ger. O. 1909. 

Art. 135. With regard to the use of goods found on board a cap- 
tured enemy vessel and which are considered to be enemy goods, the 
provisions of this chapter are applicable. — Jap. Reg. 1914. 

Of cargo. 

149. Vous pourrez egalement utiliser, pour le service de la flotte, 
les cargaisons des navires ennemis, apres en avoir fait dresser un 
inventaire estimatif detaille. — Fr. Ins. 1912. 

150. Vous aurez egalement la faculte d'en agir ainsi pour les ap- 
provisionnements du navire, notamment pour les combustibles et 
les matieres grasses. — Fr. Ins. 1912. 

110. His Majesty's ships and allied men-of-war and captured prizes 
may in case of necessity, fill their needs from the cargo, equipage, 
and supplies of captured hostile ships, giving receipts therefor, so 
far as the articles are not proved unquestionably to be neutral goods. 

In regard to neutral ships, this is only permissible when neither 
the master can be persuaded to give over what is necessary as a pur- 
chase or in accordance with No. 46, or the matter concerns articles 
which are liable to confiscation and under No. 117 or 121, would be 
taken on board in case of the destruction or release of the neutral 
ship. Violations would give rise to legal claims on the part of the 
neutral powers concerned. — Ger. O. 1909. 

Of enemy vessels, report. 

Art. 134. In the case of using a captured enemy vessel, the com- 
manding officer of the ship of war shall prepare a report according 
to Form No. 11, stating the circumstances which have led him to 
use the vessel, and shall order the prize officer to send it to the nearest 
Japanese prize court, together with the persons on board and the 
ship's papers and other documents taken on board his ship. He 
shall also make a report similar to the one mentioned in the pre- 
ceding paragraph relating to the using of the vessel to the Minister 
of the Navy. — Jap. Eeg. 1914. 

151. Les proces-verbaux rediges en execution de ces dispositions 
devront etre joints au dossier de la prise; un double en sera adresse 
au Ministre de la Marine, et un autre au capitaine du navire cap- 
ture.— Fr. Ins. 1912. 



72 REGULATION OF MARITIME WARFARE 

Forbidden. 

9. The captain is not authorized, in return for a payment of 
damages, to requisition ships or goods which are not subject to 
seizure or capture, against the consent of the interested party. — 
Ger. O. 1909. 

SEQUESTRATION 
Of prize. 

Art. 23. A neutral power may allow prizes to enter its ports 
and roadsteads, whether under convoy or not, when they are 
brought there to be sequestrated pending the decision of a prize 
court. It may have the prize taken to another of its ports. If 
the prize is convoyed by a warship, the prize crew may go on board 
the convoying ship. If the prize is not under convoy, the prize 
crew are left at liberty.— XIII, H. C. 1907. 

Definition. 

Preliminary note. — Le sequestre est Facte par lequel le Gouverne- 
ment ou les autorites competentes d'un port retiennent le navire 
et sa cargaison, soit provisoirement en vue d'un jugement ulterieur 
du Conseil des prises, soit pendant la duree de la guerre pour des 
raisons d'ordre militaire. — Fr. Ins. 1912. 

In neutral port. 

132. Bien que, aux termes de Particle 23 de la XI Convention 
de la Haye, une Puissance neutre ait la faculte de permettre l'acces 
de ses ports et rades aux prises escortes ou non, lorsqu'elles y sont 
amenees pour etre laissees sous sequestre en attendant la decision 
du tribunal des prises, vous ne chercherez a user de cette autori- 
sation que si les circonstances vous y obligent et qu'apres vous 
etre assure que ladite Puissance neutre permettra reellement l'acces 
de ses ports et rades a vos prises dans les conditions le Particle 23 
precite.— Fr. Ins. 1912. 

Forbidden. 

Art. 173. A captured vessel shall not be sent to a neutral port 
in order to detain her until there has been a decision of the Japanese 
prize court. — Jap. Reg. 1914. 

DESTRUCTION 
Destruction of prizes. 

12. When observance of the provisions of the preceding article may 
endanger the safety of the ship affecting the capture, or may inter- 
fere with the success of operations of war in which she is engaged, 
naval commanding officers may destroy the prize after providing for 
the safety of the persons on board and the ship's papers and manifests 
and of anything else which may help in deciding the legitimacy of 



PRIZE 73 

the capture. The destruction of a prize must be justified in a special 
proces-verbal. — Italy, P. K. 1915. 

21. In extraordinary cases, when the preservation of a detained 
vessel proves impossible in consequence of its bad condition or 
extremely small value (sic), the danger of its recapture by the 
enemy, or the considerable distance or blockade of the ports, as well 
as of danger threatening the detaining vessel or the success of its 
operations, the naval commander is permitted, on his personal 
responsibility, to burn or sink the detained vessel after having first 
taken all the people off it, and, as far as possible, the cargo on board, 
and also after having taken measures for preserving the documents 
and other objects found on board, and which might prove essential 
in elucidating matters when the case is examined according to the 
method prescribed for prize cases. — Rus. Reg. 1895. 

40. In the following and other similar extraordinary cases the 
commander of the imperial cruiser has the right to burn or sink 
a detained vessel after having previously taken therefrom the crew, 
and, as far as possible, all or part of the cargo thereon, as well as 
all documents and objects that may be essential in elucidating the 
matter in the prize court : 

(1) When it is impossible to preserve the detained vessel on account of 
its bad condition. 

(2) When the danger is imminent that the vessel will be recaptured by 
the enemy. 

(3) When the detained vessel is of extremely little value, and its conduct 
into port requires too much waste of time and coal. 

(4) When the conducting of the vessel into port appears difficult owing to 
the remoteness of the port or a blockade thereof. 

(5) When the conducting of the detained vessel might interfere with the 
success of the qaval war operations of the imperial cruiser or threaten it 
with danger. The officer prepares a memorandum under his signature and 
that of all the officers concerning the circumstances which have led him 
to destroy the detained vessel, which memorandum he transmits to the 
authorities at the earliest possible moment. 

Note. — Although article 21 of the Regulations on Maritime Prizes 
of 1895 permits a detained vessel to be burned or sunk u on the 
personal responsibility of the commander," nevertheless the latter 
by no means assumes such responsibility when the detained vessel is 
actually subject to confiscation as a prize, and the extraordinary 
circumstances in which the imperial vessel finds itself absolutely 
demand the destruction of the detained vessel. — Rus. Reg. 1900. 

Art. XCI. In the following cases, and when it is unavoidable, 
the captain of the man-of-war may destroy a captured vessel or 
dispose of her according to the exigency of the occasion. But be- 
fore so destroying or disposing of her he shall transship all persons 
on board, and as far as possible the cargo also, and shall preserve 



74 REGULATION OF MARITIME WARFARE 

the ship's papers and all other documents required for judicial 
examination : 

(1) When the captured vessel is in very bad condition, and can not be 
navigated on account of the heavy sea. 

(2) When there is apprehension that the vessel may be recaptured by the 
enemy. 

(3) When the man-of-war can not man the prize without so reducing her 
own complement as to endanger her safety. 

—Jap. Reg. 1904. 
35. Under any of the following circumstances, the captain of the 
captor may destroy the captured vessel, but before the destruction of 
the vessel, all the persons on board the vessel and its papers must 
be placed in safety : 

(a) That the captured vessel is no longer seaworthy. 

(&) That the existence of the captured vessel shall greatly impede the move- 
ment of the captor from the military point of view. 

—China, Reg. 1917. 
Neutral vessel. 

Art. 49. As an exception, a neutral vessel captured by a belligerent 
ship and which would be liable to condemnation, may be destroyed 
if the observance of article 48 would involve danger to the ship of 
war or to the success of the operations in which she is at the time 
engaged.— D. of L. 1909. 

Art. 126. A neutral vessel captured and which would be liable to 
condemnation, may be destroyed, if taking such vessel to a Japanese 
port would involve danger to the Japanese ship of war or to the 
success of the operations in which she is at the time engaged. — Jap. 
Reg. 1914. 

95. Engaging in unneutral service as defined in paragraph 39 
stamps a neutral vessel with hostile character and such a neutral 
vessel made prize may be destroyed by the capturing officer in the 
case of military necessity, when the vessel can not be sent or brought 
in for adjudication. — U. S. Ins. 1917. 

96. Owing to the serious responsibility involved, a neutral vessel 
not engaged in unneutral service as defined in paragraph 39, must 
not be destroyed by the capturing officer save in case of the gravest 
military emergency which would not justify him in releasing the 
vessel or sending it in for adjudication. If circumstances permit, 
it is preferable to appraise and sell the prize, as provided in section 
4615, Revised Statutes, rather than to destroy it. — U. S. Ins. 1917. 

157. Par exception, un navire neutre capture dont la confiscation 
vous apparaitrait certaine peut etre detruit, si sa conservation et son 
convoi peuvent compromettre la securite de votre batiment ou le succes 
des operations dans lesquelles vous etes engage. — Fr. Ins. 1912. 



PRIZE 75 

113. The captain is authorized to destroy a neutral ship which 
has been captured because of contraband under 39 or under 77, 78 
because of breach of blockade, or under 51 because of unneutral 
service, only when — 

(a) It is subject to confiscation, and when, besides, 

(6) taking it in would cause a danger to the man-of-war or risk the 
success of the undertaking in which she is at the time engaged. 

This is to be assumed among other things when — 

(a) The ship can not be brought in on account of her bad condition or 
because of shortage of stores. 

(/3) The ships can not follow the man-of-war, and therefore recapture is 
probable, or 

(7) The proximity of an enemy force makes the recapture of the ship 
probable, or 

(5) The man-of-war can not spare a sufficient crew. 

— Ger. O. 1909. 
33. The destruction of a neutral ship is only permissible if both 
of the following conditions are fulfilled : 

(a) If in bringing her into port the war vessel is exposed to danger or the 
success of the operations in which she is engaged is thereby imperiled; this 
condition obtains, for instance, if the war vessel can not spare sufficient men 
to form a prize crew, or if the neutral ship can not follow the war vessel, 
or if the presence of hostile forces in the vicinity causes apprehensions of her 
recapture. 

(6) (P. O. 41) If the ship is liable to seizure, because the contraband as 
reckoned by value or weight or volume or freight dues amounts to more than 
half the cargo. 

P. O. 115. Not only must both conditions be fulfilled but the 
commanding officer must expressly state in the prize report that they 
did obtain. 

If the first condition was not fulfilled, compensation would have 
to be paid for the ship and the whole cargo, regardless of the fact 
that ship and cargo were liable to seizure. If the first condition 
were fulfilled but not the second, compensation would have to be 
paid in any case, not only for the ship but for the whole portion of 
the neutral cargo which was not liable to seizure. 

Special care should on that account be taken in appraising the 
value in accordance with paragraph (b) in cases where it is doubtful 
if that part of the cargo which is not contraband does not exceed 
that portion which may be contraband all articles in the cargo which 
are not defiitely known to be contraband must be omitted from the 
appraisement. For example, the following should not be regarded 
as undoubted contraband: Machinery, machinery parts, iron, iron 
ores, iron tubes, steel tubes, etc., unless it has been ascertained that 
these general terms only serve to cover actual contraband, e. g., tool 



76 REGULATION OF MARITIME WARFARE 

machines for the manufacture of war material, raw material for 
shells, raw hematite iron, hematite iron ore, etc. 

Ship's papers, and especially cargo papers, should always be se- 
cured and transmitted together with the prize report direct to the 
admiralty staff.— Ger. P. C. 1916. 

129. If it is not possible to take the ship into the port ordered, 
he will seek another into which the prize may be taken. If this also 
is not possible, he will proceed to destroy the ship, under the pro- 
visions of Nos. 112 to 118, as soon as the safe salving of the per- 
sons, papers, and articles of evidence on board the ship has been 
accomplished. The requirements of No. 123 are to be observed. — 
Ger. O. 1909. 

Neutral vessel, proof of necessity. 

Art. 51. A captor who has destroyed a neutral vessel must, as a 
condition precedent to any decision upon the validity of the capture, 
establish in fact that he only acted in the face of an exceptional 
necessity, such as is contemplated in article 49. Failing to do this, 
he must compensate the parties interested without examination as to 
whether or not the capture was valid. — D. of L. 1909. 

159. Je vous rappelle que le capteur qui a detruit un navire neutre 
doit, prealablement a tout jugement sur la validite de la capture, 
justifier en fait avoir agi en presence d'une necessite exceptionnelle 
dans le sens du paragraphs 157. — Fr. Ins. 1912. 

Neutral vessel, forbidden. 

Art. 48. A captured neutral vessel is not to be destroyed by the 
captor, but must be taken into such port as is proper in order to de- 
termine there the rights as regards the validity of the capture. — 
D. of L. 1909. 

Art. 125. A captured neutral vessel is not to be destroyed by the 
commanding officer of a man-of-war making the capture. — Jap. Reg. 
1914. 

156. Un navire neutre capture ne peut etre detruit par le capteur ; 
mais il doit etre conduit dans un port national ou allie, pour y 
etre statue ce que de droit sur la validite de la capture. — Fr. Ins. 1912. 

Neutral vessel, compensation. 

Art. If the capture of a neutral vessel, of which the destruction 
has been justified, is subsequently held to be invalid, the captor must 
compensate those interested in place of the restitution to which 
they would have been entitled. — D. of L. 1909. 

115. If a neutral ship be destroyed when, according to the deci- 
sion of the prize court, the special circumstances named under 113(b) 
did not exist, the owners of the ship and cargo — whether these be 
confiscable or not — have a claim for damages. If the circumstances 



PRIZE 77 

in question did exist, but the destroyed ship or neutral goods be 
shown not confiscable, the respective owners have also a claim for 
damages. — Ger. O. 1909. 
Neutral vessel, responsibility. 

Art. 128. The commanding officer of a ship of war who has de- 
stroyed a neutral vessel must, as a condition precedent to any deci- 
sion upon the validity of the capture, establish in fact that he only 
acted in the face of an exceptional necessity such as is contemplated 
in article 126. — Jap. Keg. 1914. 

114. Before the captain decides to destroy the ship, he will con- 
sider whether the injury thereby done to the enemy will outweigh 
the damages that will have to be paid for the simultaneous destruc- 
tion of the nonconfiscable part of the cargo. — Ger. O. 1909. 

Neutral vessel, cargo. 

Art. 53. If neutral goods which were not liable to condemnation 
have been destroyed with the vessel, the owner of such goods is 
entitled to compensation. — D. of L. 1909. 

Art. 54. The captor has the right to require the giving up of, or 
to proceed to destroy, goods liable to condemnation found on board 
a vessel which herself is not liable to condemnation, provided that 
the circumstances are such as to justify the destruction of a vessel 
liable to condemnation. The captor enters the goods delivered or 
destroyed in the log book of the vessel stopped, and must procure 
from the master duly certified copies of all relevant papers. When 
the giving up or destruction has been completed, and the formalities 
have been fulfilled, the master must be allowed to continue his 
voyage. The provisions of article 51 and 52 respecting the obliga- 
tions of a captor who has destroyed a neutral vessel are applicable. — 
D. of L. 1909. 

160. Si le navire n'est pas sujet a confiscation ou s'il y a doute, 
vous aurez la faculte d'exiger la remise ou de proceder a la destruc- 
tion des marchandises confiscable trouvees a bord dudit navire, 
lorsque les circonstances justifieraient la destruction d'un navire 
passible de confiscation. Vous mentionnerez alors les objects livres 
ou detruits sur le livre de bord du navire arrete, et vous ferez remet- 
tre par le capitaine copie certifiee conforme de tous papiers utiles. 
Lorsque la remise ou la destruction a ete effectuee et que les for- 
malites ont ete remplies, le capitaine doit etre autorise a continuer 
sa route. L'oubli de ces formalites engage la responsabilite du cap- 
teur.— Fr. Ins. 1912. 

Enemy prizes. 

Art. 104. Destruction des navire et des marchandises confiscables. — 
II n'est permis au belligerants de detruire les navires ennemis saisis 
qu'entant qu'ils sont sujects a confiscation et en presence d'une neces- 



78 REGULATION OF MARITIME WARFARE 

site except ionnelle, c'est-a-dire lorsque Fexigent la securite du navire 
capteur ou le succes des operations de guerre dans lesquelles celui-ci 
est actuellement engage. Avant la destruction, les personnes qui se 
trouvent a bord devront etre mises en surete, et tous les papiers de 
bord et autres pieces, que les interesses estimeront utiles pour le 
jugement sur la validite de la capture, devront etre transbordes sur 
le navire capteur. II en sera de meme, dans la mesure du possible, 
pour les marchandises. II sera dresse proces-verbal de la destruc- 
tion du navire capture et des motifs qui l'ont amenee. — Institut, 1913. 

Enemy prizes resisting capture. 

155. En case de combat provoque par une resistance armee, ceux 
qui montent la navire suivent la fortune des armes. — Fr. Ins. 1912. 

Enemy vessel. 

94. An enemy ship made prize may be destroyed by the capturing 
officer in case of military necessity, when the vessel can not be sent 
or brought in for adjudication. — U. S. Ins. 1917. 

153. Les prises doivent etre amarinees, conduites dans un port 
national ou allie, et non pas detruites. Par exception, vous etes 
autorise a detruire toute prise dont la conservation compromettrait 
votre propre securite ou le succes de vos operations, notamment si 
vous ne pouvez conserver la prise sans affaiblir votre equipage. — 
Fr. Ins. 1912. 

Art. 122. A captured enemy vessel may be destroyed if the tak- 
ing of such vessel to a Japanese port is considered to involve danger 
to the ship of war or to the success of her operations. — Jap. Reg. 
1914. 

Enemy vessel, compensation. 

Art. 114. Dans le cas de destruction d'un navire, le capteur sera 
tenu d'indemniser les interesses, s'il n'est pas justifie par lui de la 
necessite exceptionnelle de la destruction, ou si, la destruction ayant 
t cte justifiee, la capture est ensuite declaree nulle. 

La meme regie est applicable dans l'hypothese prevue a Particle 
105. 

Si des marchandises qui n'etaient pas susceptibles de confiscation 
ont ete detruites, le proprietaire de ces marchandises a droit a une 
indemnite. 

Au cas ou le capteur a fait emploi du navire ou de la cargaison 
apres la saisie, il devra, si celle-ci est reconnue illegitime, payer aux 
interesses une equitable indemnite, d'apres les documents dresses 
au moment de l'emploi. — Institut, 1913. 

Safety of persons. 

Art. 50. Before the destruction, the persons on board must be 
placed in safety, and all the ship's papers and other documents which 



PRIZE 79 

those interested consider relevant for the decision as to the validity 
of the capture must be taken on board the ship of war. — D. of L. 
1909. 

97. In no case after a vessel has been brought to may it be de- 
stroyed until after visit and search has been made and all persons 
on board have been placed in safety, and also, if practicable, their 
personal effects. All the documents, letters, and papers found on 
board the prize shall be taken on board the capturing vessel of war 
and be inventoried and sealed in accordance with the procedure of 
section 4615, Revised Statutes, for delivery to the prize court, with 
especial view to the protection of the interests of the owners of any 
innocent neutral cargo on board. All mails on board should be 
saved, so far as possible and practicable. — U. S. Ins. 1917. 

158. Avant la destruction, les personnes qui se trouvent a bord 
devront etre mises en siirete, et tous les papiers de bord et autres 
pieces que les interesse estimeront utiles pour jugement s'ur la va- 
lidity de la capture devront etre transbordes sur votre batiment. — 
Fr. Ins. 1912. 

154. Avant la destruction, vous mettrez en surete les personnes, 
quelles qu'elles soient qui se trouvent a bord, ainsi que tous les 
papiers et documents utiles pour le jugement de la prise. — Fr. Ins. 
1912. 

Art. 123. Before destroying a vessel (enemy) under the preceding 
article, the commanding officer of the warship must remove all the 
persons on board to a safe place and must take on board his ship 
all the papers necessary for trial of the vessel. — Jap. Reg. 1914. 

116. Before the destruction, all persons on board, if possible, with 
their goods and chattels, to be placed in safety, and all the ship's 
papers and other articles of evidence which in the opinion of the 
interested parties are of value for the judgment of the prize court 
are to be taken over by the captain. — Ger. O. 1909. 

Art. 127. Before the destruction mentioned in the preceding 
article, the commanding officer of the warship shall remove the per- 
sons on board to a place of safety, and all the ship's papers and other 
documents which are considered relevant for the decision as to the 
validity of the capture must be taken on board the warship. — Jap. 
Reg. 1914. 

Obstruction of navigation. 

118. In sinking ships care is to be taken, if possible, to make no 
obstruction for neutral shipping. — Ger. O. 1909. 

Of cargo at sea. 

Art. 105. Le capteur a la faculte d'exiger la remise ou de proceder 
a la destruction des marchandises confiscables trouvees a bord d'un 
navire qui lui-meme n'est pas sujet a confiscation, lorsque les circon- 
stances sont telles que, d'apres Particle precedent, elles justifieraient 



80 REGULATION OF MARITIME WARFARE 

la destruction d'un navire passible de confiscation. II mentionne les 
objets livres ou detruits sur le livre de bord du navire arrete et 
se fait remettre par le capitaine copie certifiee conforme de tous 
papiers utiles. 

Lorsque la remise ou la destruction a ete effectuee et que les for- 
malites ont ete remplies, le capitaine doit etre autorise a continuer 
sa route. — Institut, 1913. 

121. If the captain releases a captured neutral ship or desists from 
bringing it in, he may only seize and. as the case may be, destroy 
the confiscable part of the cargo when taking the ship in would 
probably imperil the man-of-war or endanger the success of the 
undertaking in which she is at the time engaged. The transferred 
or destroyed articles are to be noted in the log book of the visited 
ship; the captain will procure a copy attested by the master of all 
papers appropriated to the purpose. As soon as the transfer or 
destruction has been accomplished and formalities are completed, 
the master will be allowed to proceed on his voyage. If the fore- 
going right be exercised when, in the judgment of the prize court 
the special circumstances in question did not exist, the owners of the 
goods always have a claim for damages. The same holds when the 
seized goods are shown to be nonconfiscable. — Ger. O. 1909. 

120. If the captain releases a captured enemy ship or desists from 
bringing it in, the parts of the cargo in such case, under 19 and 56, 
to be seized may be destroyed. — Ger. O. 1909. 

Art. 130. The commanding officer of a ship of war has the right 
to require the surrender, or destruction of, goods liable to condemna- 
tion found on board a captured neutral vessel which he considers is 
not herself liable to condemnation, provided that the circumstances 
are such as provided in article 126. In the case of the preceding para- 
graph, the commanding officer of the ship of war shall enter the 
goods delivered or destroyed in the ship's papers of the vessel and 
must procure from the master duly certified copies of all relevant 
papers. When the surrender or destruction of the preceding para- 
graph has been completed, and the formalities have been fulfilled, 
the commanding officer of the ship of war shall allow the master 
to continue his voyage. — Jap. Reg. 1914. 

Salvage of cargo. 

117. If circumstances permit the salvage of parts of the cargo or 
equipment, their choice is to be determined, first, by the requirements 
of the man-of-war ; second, with regard to the damages to be paid. — 
Ger. O. 1909. 

Report on. 

123. In every case of destruction of ships or goods, there are to be 
sent to the chief of the Admiralty Staff as soon and as safely as 
possible, for transmission to the prize court having jurisdiction: 



PRIZE 81 

(a) The papers and other articles of evidence; (&) a statement of the 
destruction, the reasons therefor, and all attendant circumstances. 

The chief of the Admiralty Staff is besides to be informed as soon 
as possible of the destruction of a neutral ship, by a brief tele- 
graphic report, direct, of the principle data. — Ger. O. 1909. 

98. Every case of destruction of prize shall be reported to the 
Navy Department at the earliest practicable moment. — U. S. Ins. 
1917. 

Art. 129. In the case of the preceding article the commanding 
officer of the ship of war shall prepare an explanation according 
to Form No. 12, stating the circumstances which compelled him to 
destroy the vessel and the actions he has taken, and shall order the 
prize officer to send it to the nearest Japanese prize court, together 
with the persons on board and the ship's papers and other docu- 
ments which have been removed from the vessel. The commanding 
officer of the ship of war shall make a detailed report similar to 
one mentioned in the preceding paragraph to the Minister of the 
Navy in regard to the destruction of the vessel. — Jap. Keg. 1914. 

Art. XCII. In the cases of the above article the captain of the 
man-of-war shall direct the prize officer to prepare a certificate 
stating the circumstances of inability to send in the prize and the 
details of her disposal, and to send it to the nearest prize court, 
together with persons and cargo removed from the vessel, the ship's 
papers, and all documents required for judicial examination. — 
Jap. Keg. 1904. 

Art. 124. The commanding officer of a warship who has destroyed 
an enemy vessel shall prepare a report according to Form No. 11, 
stating the circumstances which compelled him to destroy the vessel 
and particulars of actions he has taken, and shall order the prize 
officer to send it to the nearest Japanese prize court, together with 
the persons on board and the ship's papers and other documents 
removed from the vessel. He shall also make to the Minister of the 
Navy a detailed report similar to the above relating to the destruc- 
tion of the vessel. — Jap. Keg. 1914. 

36. In case such an event happens the captain of the captor shall 
file a statement to the prize court setting forth the circumstances 
under which he was compelled to destroy the vessel and at the same 
time he shall hold himself duly responsible for any consequence 
of the destruction. — China, Reg. 1917. 

RANSOM 
Forbidden. 

152. II vous est interdit de consentir un traite de rangon. — Fr. Ins. 
1912. 

93. If the search shows that only a part of the cargo is confiscable, 
the captain will decide whether he will capture the ship or only seize 



82 REGULATION OF MARITIME WARFARE 

the questionable part of the cargo, according to 121, or release the 
ship without further proceedings. A renunciation of the seizure in 
return for a payment is not permissible. — Ger. O. 1909. 

ASYLUM 
To prize, in neutral jurisdiction. 

Art. 21. A prize may only be brought into a neutral port on 
account of unseaworthiness, stress of weather, or want of fuel or 
provisions. It must leave as soon as the circumstances which justi- 
fied its entry are at an end. If it does not, the neutral power must 
order it to leave at once; should it fail to obey, the neutral power 
must employ the means at its disposal to release it with its officers 
and crew and to intern the prize crew. — XIII, H. C. 1907. 

20. A prize can be brought into a neutral port only on account of 
unseaworthiness, stress of weather, or want of fuel or provisions. — 
U. S. Ins. 1917. 

21. It must leave as soon as the circumstances which justified its 
entry are at an end. — U. S. Ins. 1917. 

42. An imperial vessel, while conducting away detained vessels, 
may enter the ports of a neutral power which has not forbidden in 
its declaration of neutrality (or other official document) the visita- 
tion of its ports by war vessels of the belligerent parties with prizes. 
Similarly an imperial cruiser may seek refuge in a port of a neutral 
power, together with captured vessels, in the case of a storm or other 
extreme necessity (for instance, a breakdown in the engines, insuffi- 
ciency of supplies, or in case of pursuit by an enemy of superior 
strength), in which case the commander of the imperial vessel must 
submit to the rules established by the local government with regard 
to the period and other conditions of the sojourn in the neutral 
port.— Rus. Ins. 1900. 

129. Une prise ne peut etre amenee dans un port neutre que pour 
cause d'innavigabilite, de mauvais etat de la mer, de manque de 
combustible ou de provisions. Elle doit repartir aussitot que la 
cause qui en a justifie Fentree a cesse. Le capteur se mettra en 
rapport avec le consul de France et se concertera avec lui sur la 
destination ulterieure de la prise. — Fr. Ins. 1912. 

Art. 172. A captured vessel shall not be allowed to enter a neutral 
port, except for the reason that the vessel is incapacitated for naviga- 
tion, the sea is very heavy, or her fuel or food has run short. When 
the cause which justifies the entrance to port ceases, the vessel shall 
instantly leave the neutral port. — Jap. Reg. 1914. 

133. Si le port neutre dans lequel il se presente lui est interdit 
absolument, ou si sa presence n'y est toleree que pour un temps 
insuffisant, le capteur ou le conducteur d'une prise defere aux invita- 



PRIZE 83 

tions qui lui sont adressees par le Gouvernement du pays ou il se 
trouve. II agit alors au mieux des interets dont il est charge, et rend 
compte sans delai au Ministre de la Marine du refus qu'il a eprouve. — 
Fr. Ins. 1912. 

Refusal of. 

Art. 174. In the case of article 172, if the neutral country has 
refused the entrance of the captured vessel into one of her ports or 
has unreasonably restricted the period of her stay, the prize officer 
shall inform the Japanese diplomatic or consular officer accredited 
to that country and request such officer to discuss the matter with the 
authorities of that country. He shall also report it to the Minister of 
the Navy — Jap. Reg. 1914. 

ADJUDICATION 
Delivery to court. 

25. Concerning the conducting of a detained vessel or its cargo 
into port, the proper authority immediately notifies the nearest prize 
court, and, after the measures indicated in article 23 have been taken, 
he turns over to the disposal of the court the master, supercargo, and 
other persons from among the crew of the detained vessel who have 
been detained for the purpose of explaining matters, as well as all 
documents relating to the case. — Rus. Reg. 1895. 

Art. 110. La legalite et la regularity de la capture des navires 
ennemis et de la saisie des marchandises doivent etre etablies devant 
la juridiction des prises. — Institut, 1913. 

27. The confiscation of detained war vessels and cargoes takes 
place by order of the proper naval authority. The confiscation of 
other vessels and cargoes subject to detention does not take place 
otherwise than by virtue of a decision of a prize court. — Rus. Reg. 
1895. 

Art. 112. Un Etat belligerant n'acquerra la propriete du navire 
ou des marchandises qu'il a saisis durant la guerre qu'au moment ou 
par une decision devenue definitive, la juridiction des prises aura 
prononce a son profit la confiscation de ce navire ou sur ces mar- 
chandises. — Institut, 1913. 

38. No ship or cargo shall be condemned without the adjudication 
of the prize court. — China, Reg. 1917. 

33. Objects confiscated as prizes constitute Government property. 
An appraisal is made of these objects, and then those of them which 
the navy department dees not consider necessary to keep are sold at 
public auction. In both cases prize money is awarded for the deten- 
tion of the property in question. 

Note. — The appraisal and sale of prizes takes place according to 
rules issued by the director of the naval ministry with the consent of 
the Minister of Finance. — Rus. Reg. 1895. 



84 REGULATION OF MARITIME WARFARE 

Confiscation, definition. 

Note to preamble. — La confiscation est Facte par lequel la juridic- 
tion des prises valide la capture d'un navire ou la saisie de marchan- 
dises. — Institut, 1913. 

Preliminary note. — La confiscation est prononcee par le Conseil 
des prises en consequence de la validation de la capture. C'est l'attri- 
bution definitive, au profit de 1'lStat, de la propriete du navire ou de 
la cargaison capturee. — Fr. Ins. 1912. 

Title to, war vessels. 

Art. 115. A la differance des navires publics non militaires et des 
navires prives ennemis, les batiments de la marine militaire d'un bel- 
ligerant pris par son l'adversaire, deviennent, ainsi que leur materiel, 
la propriete de celui-ci des qu'ils sont tombes en sa possession sans 
que doive intervenir une decision de la juridiction des prises. — Insti- 
tut, 1913. 

99. By the fact of capture a public vessel in the military service of 
the enemy passes into the possession of the captor's Government, in 
which title immediately vests. The vessel, therefore, becomes a pub- 
lic vessel belonging to the captor's Government and subject to its 
disposal. It is unnecessary to send a captured public vessel into port 
for adjudication. The vessel may be immediately converted to the 
use of the captor and sent to any port at his convenience, as a public 
vessel of the United States. The captured personnel shall be made 
prisoners of war, except the religious, medical, or hospital staff of 
the ship.— U. S. Keg. 1917. 

RECAPTURE 
Recapture of prize. 

Art. 111. Toute reprise doit etre egalement jugee par la juridic- 
tion des prises. — Institut, 1913. 

98. If a ship that has been captured by the enemy has been re- 
taken, before confiscation or employment in hostile undertakings by 
him, she is to be released if no ground exists from the German stand- 
point for her capture. Keport of the release is to be made directly to 
the chief of the admiralty staff. — Ger. O. 1909. 

37. When the captain of a warship recaptures a vessel of the Re- 
public or of neutral nationality which had been captured by the 
enemy but which has not been employed in the service of the enemy 
brought to an enemy port he shall set the vessels free. — China, Reg. 
1917. 

34. Regarding Russian and foreign vessels and cargoes recaptured 
from the enemy, as well as the conducting into port and surrender 
of these vessels and cargoes, the general rules concerning detention, 
conducting into port, and surrender of hostile and suspicious vessels 
are observed, together with the following special rules : 



PRIZE 85 

(1) Property recaptured from the enemy, although it may have 
been already confiscated by the enemy as a prize, is returned by 
direction of the prize court to the original owner, who is obliged to 
pay the prize money for the recapture and the expenses incurred in 
the recapture, and in case property is found on board the recap- 
tured vessels which belongs to the enemy, this property is considered 
as a prize and is subjected to confiscation according to the general 
rule. 

(2) Russian Government vessels and cargoes recaptured from 
the enemy are returned to the Government without the intermedia- 
tion of the court by order of the proper naval authority. 

(3) Property recaptured from the enemy and belonging to a for- 
eign owner is returned to him without payment by him of prize 
money or the expenses of the recapture, provided it is proven that 
this property could not have been considered as lawful prize by the 
enemy, but would have been subject to release; in this case no 
reward is paid for recapture. — Rus. Reg. 1895. 

Art. 108. Rescousse. — Lorsqu'un navire pris, puis repris, vient a 
etre enleve au recapteur, le dernier capteur a seul des droits sur lui. — 
Tnstitut, 1913. 

Art. LXXIII. When the captain of a man-of-war recaptures a 
Japanese or a neutral vessel captured by the enemy, he may release 
her if she has not yet been taken into an enemy port or has not been 
used for military purposes. — Jap. Reg. 1904 ; art. 159, Reg. 1914. 

RESPONSIBILITY 

Capture without probable cause. 

Art. 64. If the capture of a vessel or of goods is not upheld by 
the prize court, or if without being brought to judgment the cap- 
tured vessel is released, those interested have the right to compensa- 
tion, unless there were sufficient reasons for capturing the vessel or 
goods.— D. of L. 1909. 

Art. 113. Si la saisie du navire ou des marchandises n'est pas 
validee par la juridiction des prises, ou si, sans qu'il y ait eu de mise 
en jugement, la saisie n'est pas maintenue, les interesses ont droit a 
des dommages et interets, a moins qu'il y ait eu des motifs suffisants 
de saisir le navire ou les marchandises. — Institut, 1913. 

78. An officer making a capture is held by the courts of the United 
States to be personally liable in damages unless the capture made by 
him is for probable cause. — U. S. Ins. 1917. 

Capture, definition of probable cause. 

79. Probable cause is defined by the Supreme Court of the United 
States as follows : 



86 REGULATION OF MARITIME WARFARE 

Probable cause exists where there are circumstances sufficient to warrant 
suspicion, though it may turn out that the facts are not sufficient to war- 
rant condemnation. And whether they are or not can not be determined 
unless the customary proceedings of prize are instituted and enforced. 
(Chief Justice Fuller in Olinda Rodrigue (1899), 177 U. S. 510.). The terms 
" probable cause," according to its usual acceptation, means less than evi- 
dence which would justify condemnation; and in all cases of seizure has a 
fixed and well-known meaning. It imports a seizure made under circum- 
stances which warrant suspicion. (Chief Justice Marshall in Locke v. U. S. 
(1813), 7 Cranch 339.) 

— U. S. Ins. 1917. 

8. If the capture of ships and goods is not upheld by the prize 
courts, or if they are released before prize court proceedings are 
instituted, the parties interested have claim for damages, unless 
there were sufficient grounds for the seizure. The latter is always the 
case when any person found on board the ship has destroyed or 
concealed ship's papers, or when two sets, false, or falsified ship's 
papers are found on board, so far as the said irregularities have 
connection with circumstances of weight in deciding between the 
seizure or release of the ship. — Ger. O. 1909. 

29. If the property subject to return to the original owner is 
found to be sold, or released on deposit made, the owner is given 
the full amount obtained by the sale or received as a deposit. If, 
however, the property subject to return has been destroyed by order 
of the naval authorities or has perished through the fault or negli- 
gence of the officials to whom its custody was instrusted, the owner 
is indemnified in the amount of the value of the destroyed or per- 
ished property, estimated on the basis of information furnished. — 
Rus. Reg. 1895. 

30. Independently of the delivery of the property subject to re- 
turn or of the indemnification to the amount of its value a special 
indemnity may be awarded the original owner of the property 
for damages caused by the detention of the property when it is 
acknowledged that the property was detained without sufficient 
reason or in violation of the conditions prescribed. In case the 
property is returned in a damaged state the owner may be awarded 
an indemnification for his losses, provided it is proven that the 
damage was caused through the fault or negligence of the officials 
who were responsible for its custody. — Rus. Reg. 1895. 

32. Sums intended for disbursement, in accordance with articles 
29-31, as indemnity for destroyed property or losses occasioned by 
its detention or injury are paid from the funds of the national 
treasury, and the expenditures thus made by the treasury are recov- 
ered in appropriate cases from the guilty parties in the manner 
established by law. — Rus. Reg. 1895. 



REGULATION OF MARITIME WARFARE 87 

ENEMY PROPERTY 

GROUNDS OF CAPTURE 
Vessels, allied. 

Art. 4. Vessels of a country which is engaged in war in conjunc- 
tion with Japan, shall, in regard to capture at sea, be in the same 
category as Japanese vessels. — Jap. Reg. 1914. 

National character of vessels. 

Art. VII. Japanese vessels are those which are mentioned below 
and which do not come under the preceding article : 

1. Those which have the certificate of nationality of the Empire or those 
which voyage under the license of the Imperial Government. 

2. Vessels owned by persons who have residence in the Empire. 

3. A vessel, the ownership of which has been transferred before the war but 
in expectation of its outbreak or during the war by a person who has resi- 
dence in the Empire to a person who has residence in a neutral State, unless 
there is proof of a bona fide and complete transfer of the ownership of the 
vessel. In case the ownership of a vessel is transferred during its voyage, 
and its delivery is not effected, such transfer shall not be considered as bona 
fide and complete. 

—Jap. Reg. 1904. 

Communicating with the enemy. 

Art. 30. In the following circumstances Japanese vessels shall be 
considered as communicating with an enemy — 

1. When a vessel has left enemy territory or a place where there are 
army or naval forces of an enemy. 

2. When a vessel has touched enemy territory or a place where 
there are army or naval forces of an enemy or when a vessel is 
bound for such a place. — Jap. Reg. 1914. 

Exceptions. 

Art. 31. To a Japanese vessel which comes under one of the fol- 
lowing categories, the provisions of the preceding article are not 
applicable : 

1. Vessels voyaging with special permission of the Japanese Gov- 
ernment or of the commanding officer of a Japanese squadron or 
man-of-war. 

2. Vessels which have been permitted to leave enemy territory at 
the time of opening of hostilities, or have escaped therefrom. 

3. Vessels in distress which were obliged to touch enemy terri- 
tory, there being no other port to enter. — Jap. Reg. 1914. 

Enemy character, trading with the enemy. 

73. Any vessel of the United States found engaged in trade of 
any kind with the enemy without a license so to do from the Presi- 
dent of the United States or his duly authorized agent shall be 

6888—26 7 



88 REGULATION OF MARITIME WARFARE 

captured and sent in for adjudication. Any vessel of the United 
States that is found trading under a license issued by the enemy 
shall be captured and sent in for adjudication. — U. S. Ins. 1917. 

Art. XLI. Japanese vessels which carry on commerce with the 
enemy State or its subjects or which are making voyage with such 
intention shall be forfeited. Of the cargo on board the vessels 
mentioned in the above clause, all the goods owned by the owners 
of the vessels and all the enemy goods shall be forfeited. — Jap. 
Reg. 1904. 

41. Vessels of the Republic engaged in commercial intercourse 
with the enemy without the special permission of the Government 
are liable to condemnation. Goods on board such vessels are not 
liable to condemnation unless they are of enemy ownership or belong- 
ing to the owner of the vessel. — China, Reg. 1917. 

24. L'etat de guerre entrainant l'interdiction de toutes relations 
de commerce entre les nations belligerantes, vous devez arreter les 
navires de commerce frangais qui, sans justifier d'une licence, ten- 
teraient d'enfreindre cette interdiction ou qui, plus coupables encore, 
chercheraient a violler un blocus ou s'engageraient dans un transport 
de troupes, de depeches officielles ou de contrebande de guerre, pour 
le compte ou a destination de Pennemi. — Fr. Ins. 1912; art. 23, Ins. 
1916. 

24. Enemy merchandise under a French or allied flag will be 
seized. — Fr. Ins. 1916. 

25. Les capitaines et toutes personnes soupconnees de complicity 
devraient etre arretes et remis a l'autorite judiciare franchise la plus 
proche, a 1'efFet d'etre poursuivis, s'il y a lieu, par application des 
articles 77 et suitvants du Code penal. — Fr. Ins. 1912. 

Art. XXXVI. Any vessel of the Empire which carries on com- 
merce with the enemy State or its subjects or makes voyage with 
such intention shall be captured, unless such vessel has no knowledge 
of the outbreak of war or has permission from the Imperial Gov- 
ernment. — Jap. Reg. 1904. 

Art. 25. II. Ships of the Republic of China engaged in com- 
mercial intercourse with the enemy without the permission of the 
Republican Government. — China, Reg. 1917. 

LIABILITY 
Of vessel. 

Art. 32. Japanese vessels which communicate with an enemy shall 

be captured. However, to vessels which do not know the fact of 

the opening of hostilities, this rule does not apply. — Jap. Reg. 1914. 

Of goods. 

Art. 33. A Japanese vessel which communicates with an enemy 
shall be forfeited; the same is the case with those cargoes which 



ENEMY PROPERTY 



89 



belong to the owner of the vessel, to the charterer of the whole ves- 
sel, or to the master, as well as enemy goods. — Jap. Keg. 1914. 

Enemy property, vessels. 

Art. 31. A. Navires et cargaisons — Batiments de guerre. — La 
force armee d'un Etat peut attaquer, pour s'en emparer ou les 
detruire, avec leur armement et leurs approvisionnements, les bati- 
ments de guerre de l'ennemi, meme s'ils se trouvent, au debut de la 
lutte, dans un port de l'Etat, ou sont rencontres en mer dans l'ignor- 
ance des hostilites, ou si la force majeure les a contraints d'entrer 
dans un port ou les a jetes sur les cotes du dit Etat. — Institut, 1913. 

118. Capture des batiments de guerre. — Dans le cas de capture d'un 
batiment de guerre, vous vous bornerez a le constater sur votre jour- 
nal et vous pourvoirez a la conduite de la maniere la plus conforme 
a la securite des equipages auxquels vous la confierez. (Decret du 15 
mai 1910 sur le service a bord des batiments de la Flotte, art. 368, 
369, 407.)— Fr. Ins. 1912. 

Art. 2. Enemy public vessels come without further formality 
under the laws of war. — Ger. O. 1909. 

17. An enemy ship captured is subject to confiscation. — Ger. O. 
1909. 

Enemy vessel, liability of cargo. 

18. The following portions of her cargo are subject to confisca- 
tion : 

(a) The enemy's property. 

(b) The merchandise belonging to the captain and the owner, 
when the ship was captured against resistance. 

(c) Contraband of war and the merchandise belonging to its 
owner. 

(d) In case of breach of blockade the confiscable merchandise 
according to 80.— Ger. O. 1909. 

19. Those portions of the cargo are subject to seizure also when 
the captain refrains from bringing in an enemy ship, so far as 
they are not without question proved to be neutral goods. — Ger. 
O. 1909. 

Art. 33. Principe de la capture. — Les navires publics et les navires 
prives, de nationalite ennemie, sont sujet a capture, et les marchan- 
dises ennemies, publiques ou privees qui existent a leur bord, sont. — 
Institut, 1913. 

Art. 34. La capture et la saisie sont admises alors meme que les 
navires ou les marchandises sont tombes au pouvoir du belligerant 
a la suite d'une force majeure, par naufrage ou relache forcee. — 
Institut, 1913. 

62. Enemy vessels are liable to capture outside of neutral juris- 
diction.— U. S. Ins. 1917. 



90 REGULATION OF MARITIME WARFARE 

2. Vous etes egalement requis de courir sus a tous les navires de 
commerce ennemis que vous rencontrerez et de les capturer. — Fr. 
Ins. 1912. 

10. Subject to confiscation as prizes are hostile war and merchant 
vessels and all objects on board of them, except (1) those intended 
for the use of the crew or passengers and (2) those belonging to the 
government of a neutral power or its subjects and not constituting 
contraband of war. Independently of this the Imperial Govern- 
ment reserves the right to admit, on a basis of reciprocity, the ex- 
emption from confiscation of all or certain kinds of hostile vessels 
and cargoes, except the cases in which these vessels or cargoes are 
subject to confiscation according to the rules indicated in articles 
11 and 12 for neutral vessels. 

Note. — All goods found on an enemy's vessel are considered as 
enemy's property unless the contrary is proven. — Rus. Reg. 1895. 

37. Vessels subject to detention are the following: (1) All hostile 
war and merchant vessels. (See arts. 9 and 10 of the Regulations 
on Maritime Prizes.) 

Note. — If, by virtue of special international agreements concluded 
by the Imperial Government, some of the foreign vessels are con- 
sidered as not subject to seizure, they are nevertheless subjected to 
detention (see second half of art. 10 of the Regulations on Mari- 
time Prizes), provided they commit the acts indicated in the second 
part of the present paragraph (a, &, <?, d, e). — Rus. Ins. 1900. 

38. Cargoes subject to detention are the following: (1) Enemies' 
cargoes being conveyed on hostile vessels. — Rus. Ins. 1900. 

Art. XL. Enemy vessels shall be forfeited. Of the cargo on 
board, mentioned in the above clause, enemy goods shall be forfeited. 
In case of an armed vessel, however, the whole cargo shall be 
forfeited. — Jap. Reg. 1904. 

Art. 24. Enemy vessels shall be captured. — Jap. Reg. 1914. 

39. Enemy ships are liable to condemnation. Enemy goods on 
board an enemy ship are liable to condemnation. — China, Reg. 1917. 

Art. 29. Enemy vessels and enemy goods on board are liable to 
condemnation. — Jap. Reg. 1914. 

IMMUNITY 

Enemy private property, general immunity. 

Preambule. — L'Institut de droit international, dans sa session de 
-Christiania, a declare maintenir fermement ses Resolutions ante- 
rieures, en ce qui concerne l'abolition de la capture et de la confisca- 
tion de la propriete privee ennemie dans la guerre maritime. Mais, 
constatant, en meme temps, que l'acceptation de ce principe n'est pas 
encore acquise et considerant qu'aussi longtemps qu'elle ne le sera 



ENEMY PEOPERTY 91 

pas, le reglement du droit de capture est indispensable, il a charge 
une Commission d'elaborer des dispositions prevoyant l'une et l'autre 
eventualite. C'est en execution de cette derniere decision que l'lnsti- 
tut a, dans sa session d'Oxford, le 9 aout 1913, adopte, en premier 
lieu, le Manuel qui suit, fonde sur le droit de capture. — Institute 
1913. 

Enemy property, under neutral flag. 

(2) The neutral flag covers enemy's goods, with the exception of 
contraband of war. — D. of P. 1856. 

67. The neutral flag covers enemy goods with the exception of 
contraband of war. (Declaration of Paris, 1856, Art. 2.) — U. S. Ins. 
1917. 

28. Le pavilion couvre la marchandise ennemie, a l'exception de 
la contrebande de guerre. Vous n'avez done point a examiner la 
propriete du chargement des navires neutres, mais seulement la 
nature de ce chargement. — Fr. Ins. 1912. 

Art. 6. Goods not considered contraband of war but being actu- 
ally the property of the enemy or their allies may be seized whilst 
on board neutral ships, whatever port they may be bound to, and 
shall be deposited and dealt with in accordance with the terms of 
the decree No. 2350 of April 20, 1916, and other enactments in 
force.— Port. Dec. 1916. 

Art. III. Notwithstanding that Spain is not bound by the declara- 
tion signed in Paris on April 16, 1856, as she expressly stated her 
wish not to adhere to it, my Government, guided by the principles 
of international law, intends to observe and hereby orders that the 
following regulations for maritime law be observed: (a) A neutral 
flag covers the enemy's goods, except contraband of war. — Spain, 
Dec. 1898. 

40. Enemy goods under neutral flag are not liable to condemna- 
tion. — China, Keg. 1917. 

EXEMPTIONS 

Enemy vessels. 

63. The following when innocently employed are exempt from 
capture : 

(a) Cartel ships designated for and engaged in exchange of prisoners. 
(&) Vessels charged with religious, scientific, or philanthropic missions, 
(c) Properly designated hospital ships. 
{d) Vessels exempt by treaty or special proclamation. 

(e) Small coast (not deep-sea) fishing vessels and small boats employed in 
local trade. 

The fishing vessels and small boats referred to may be subjected 
to special regulations imposed by the naval ccfmmander operating 
in the vicinity. They are liable to capture if such regulations be 



92 REGULATION OF MARITIME WARFARE 

disobeyed or if they engage in any undertaking prejudicial to United 
States military operations by land or sea. — U. S. Ins. 1917. 

16. II vous est interdit de profiter du caractere inoffensif des na- 
vires franca is ay ant les caracteres susvises pour les employer dans 
un but militaire en leur conservant leur apparence pacifique. — Fr. 
Ins. 1912. 

1. In execution of the royal decree of May 16, 1915, suspending 
the application of article 211 of the Mercantile Marine Code during 
the present conflict, the capture of enemy merchant ships is au- 
thorized in every case, with the following exceptions : 

(a) Sailing boats adapted exclusively to shoal-water fishing, or to short, 
local services within 3 miles of the enemy coast, provided they do not exceed 
5 tons displacement, nor violate special provisions issued by the military 
authorities concerning fishing and navigation. 

(&) Ships exclusively employed for religious, scientific or philanthropic pur- 
poses, hospital ships fitted out by private persons or charitable societies ex- 
pressly recognized as such by the Royal Government in accordance with 
bpecial instructions issued to naval commanding officers. 

Cargoes which are enemy property in boats specified under (a) 
are exempt from sequestration, provided they do not include con- 
traband of war; cargoes which are enemy property are equally ex- 
empt on board ships specified under (b) when connected with the 
mission on which the ship is engaged. 

Boats and ships included under (a) and (b) are, however, in every 
case subject to capture as well as their cargoes, being enemy prop- 
erty, when such ships and boats take any direct or indirect part in 
hostilities.— Italy, P. R. 1915. 

Art. XXXV. All enemy vessels shall be captured. Vessels be- 
longing to one of the following categories, however, shall be exempted 
from capture if it is clear that they are employed solely for the 
industry or undertaking for which they are intended : 

1. Vessels employed for coast fishery. 

2. Vessels making voyage for scientific, philanthropic, or religious purposes. 

3. Lighthouse vessels and tenders. 

4. Vessels employed for exchange of prisoners. 

—Jap. Reg. 1901. 
25. Vessels of the following classes shall be liable to capture : 
1. Enemy ships. But the following ships which do not partici- 
pate in hostile campaigns shall be exempt from capture in spite of 
their enemy character : 

(a) Boats engaged in coast fisheries and local trade as well as their appli- 
ances and cargo. 

(&) Ships engaged exclusively on a voyage of scientific discovery, philan- 
thropy, and religious mission. 

(c) Hospital ships provided in The Hague naval convention. 

(d) Cartel ships. 

—China, Reg. 1917. 



ENEMY PROPERTY 93 

Art. VI. The boats which, at their own risk and peril, during and 
after an engagement, pick up the shipwrecked or wounded, or which, 
having picked them up, convey them on board a neutral or hospital 
ship, shall enjoy, until the accomplishment of their mission, the 
character of neutrality, as far as the circumstances of the engage- 
ment and the position of the ships engaged will permit. The appre- 
ciation of these circumstances is intrusted to the humanity of all the 
combatants. The wrecked and wounded thus picked up and saved 
must not serve again during the continuance of the war. — Spain, 
Jns. 1898. 

Art. 42. Les batiments hospitaliers equipes en totalite ou en partie 
aux f rais de particuliers ou des societes de secours officiallement recon- 
nues, sont egalement respectes et exempts de saisie, si la puissance bel- 
ligerante dont ils dependent leur a donnee une commission officielle et 
en a notif e les noms a la puissance adverse a l'ouverture ou au cours des 
hostilites, en tout cas avant toute mise en usage. Ces navires doivent 
etre porteurs d'un document de l'autorite competente declarent qu'ils 
ont ete soumis a son controle pendant leur armement et a leur depart 
final. Les batiments dont il s'agit seront distingues par une peinture 
exterieure blanche avec une bande horizontale rouge d'un metre et 
demi de largeur environ. Ils sont soumis aux regies etablies pour les 
batiments-hopitaux militaires par Particle 41. — Institut, 1913. 

Art. X. Any merchantman, to whatever nation she may belong, 
charged exclusively with removal of sick and wounded, is protected 
by neutrality; but the mere fact, noted on the ship's books, of the 
vessel having been visited by an enemy's cruiser, renders the sick 
and wounded incapable of serving during the continuance of the 
war. The cruiser shall even have the right of putting on board 
an officer in order to accompany the convoy, and thus verify the 
good faith of the operation. If the merchant ship also carries a 
cargo, her neutrality will still protect it, provided that such cargo 
is not of a nature to be confiscated by the belligerents. The bellig- 
erents retain the right to interdict neutralized vessels from all com- 
munication, and from any course which they may deem prejudicial 
to the secrecy of their operations. In urgent cases special conven- 
tions may be entered into between commanders in chief, in order to 
neutralize temporarily and in a special manner the vessels intended 
for the removal of the sick and wounded. — Spain, Ins. 1898. 

Licensed enemy vessels. 

Art. 48. Navires munis oVun sauf -conduit ou oVune licence. — Sont 
exempts de capture les navires ennemis pourvus d'un sauf -conduit ou 
d'une licence. — Institut, 1913. 

4. Exceptionnellement, vous laisserez librement passer les navires 
de commerce ennemis munis d'un sauf-conduit a souche, conforme au 



94 REGULATION OF MARITIME WARFARE 

modele annexe aux presentes instructions, constatant qu'il leur a ete 
permis de sortir librement d'un port frangais apres l'ouverture des 
hostilites pour gagner directement le port qui leur aura ete designe 
dans ce sauf-conduit. Vous vous assurerez que l'acte qui vous est 
presente est sincere et que les conditions en ont ete rigoureusement 
observees, particulierement en ce qui concerne la route suivie par le 
navire et la composition de son equipage ou de sa cargaison. En 
cas de soupgon sur l'authenticite de cet acte ou d'inexecution des con- 
ditions stipulees, vous capturerez le navire. — Fr. Ins. 1912. 

Hospital ships, public. 

Art. 1. Military hospital ships — that is to say, ships constructed 
or assigned by States specially and solely with a view to assisting the 
wounded, sick, and shipwrecked — the names of which have been 
communicated to the belligerent powers at the commencement or 
during the course of hostilities, and in any case before they are em- 
ployed, shall be respected, and can not be captured while hostilities 
last. These ships, moreover, are not on the same footing as war- 
ships as regards their stay in a neutral port. — X, H. C. 1907. 

Art. 41. Exceptions aux principes des articles 31 et 33 — Batiments 
hospitallers. — Sont respectes et ne peuvent etre captures pendant la 
duree des hostilites les batiments-hopitaux militaries, c'est-a-dire les 
batiments construits et amenages par les Etats specialement et uni- 
quement en vue de porter secours aux blesses, malades et naufrages, 
et dont les noms auront ete communiques, a l'ouverture ou au cours 
des hostilites, en tout cas avant toute mise en usage, aux puissances 
belligerantes. 

Les batiments-hopitaux militaires seront distingues par une pein- 
ture exterieure blanche avec une bande horizontale verte d'un metre 
et demi de largeur environ. 

Les embarcations des batiments qui viennent d'etre mentionnes, 
comme les petits batiments qui pourront etre affectes au service hos- 
pitalier, se distingueront par une peinture analogue. 

Tous les batiments hospitaliers se feront reconnaitre en hissant, 
avec leur pavilion national, le pavilion blanc a croix rouge prevu par 
la Convention de Geneve. 

Les batiments et embarcations ci-dessus mentionnes qui veulent 
s'assurer, la nuit, le respect auqel its ont droit, ont, avec 1' assentiment 
du belligerant qu'ils accompagnent, a prendre les mesures neces- 
saires pour que la peinture qui les caracterise soit sumsamment ap- 
parente. 

Les signes distinctifs prevus au present article ne pourront etre 
employes que pour proteger ou designer les batiments mentionnes. 

Ces batiments ne peuvent etre utilises pour aucun but militaire. 



ENEMY PROPERTY 95 

lis ne devront gener en aucune maniere les mouvements des com- 
battants. 

Pendant et apres le combat, ils agiront a leurs risques et perils. 

Les belligerants auront sur eux droit de controle et de visite; ils 
pourront refuser leur concours, leur enjoindre de s'eloigner, leur im- 
poser une direction determined et mettre a bord un commissaire, 
meme les detenir si la gravite des circonstances l'exigeait. 

Autant que possible, les belligerants inscriront sur le journal du 
bord des batiments hospitaliers les odres qu'ils leur donneront. 

Les batiments hospitaliers qui, dans les termes du present article, 
sont detenus par l'ennemi, auront a rentrer le pavilion national du 
belligerant dont ils relevent. — Institut, 1913. 

Art. IX. The military hospital ships remain under martial law in 
all that concerns their stores; they become the property of the cap- 
tor, but the latter must not divert them from their special appropri- 
ation during the continuance of the war. — Spain, Ins. 1898. 

Hospital ships, private. 

Art. 2. Hospital ships, equipped wholly or in part at the expense 
of private individuals or officially recognized relief societies, shall be 
likewise respected and exempt from capture if the belligerent power 
to whom they belong has given them an official commission and has 
notified their names to the hostile power at the commencement of or 
during hostilities, and in any case before they are employed. These 
ships must be provided with a certificate from the competent au- 
thorities declaring that the vessels have been under their control 
while fitting out and on final departure. — X, H. C. 1907. 

Art. 3. Hospital ships, equipped wholly or in part at the expense 
of private individuals or officially recognized societies of neutral 
countries, shall be respected and exempt from capture, on condition 
that they are placed under the control of one of the belligerents, 
with the previous consent of their own Government and with the 
authorization of the belligerent himself, and that the latter has noti- 
fied their name to his adversary at the commencement of or during 
hostilities, and in any case before they are employed. — X, H. C. 1907. 

Art. 9. Belligerents may appeal to the charity of the commanders 
of neutral merchant ships, yachts, or boats to take on board and tend 
the sick and wounded. Vessels responding to this appeal, and also 
vessels which have of their own accord rescued sick, wounded, or 
shipwrecked men, shall enjoy special protection and certain immuni- 
ties. In no case can they be captured for having such persons on 
board, but, apart from special undertakings that have been made to 
them, they remain liable to capture for any violations of neutrality 
they may have committed. — X, H. C. 1907. 

6888—26 8 



96 REGULATION OF MARITIME WARFARE 

Hospital ships, duties and privileges. 

Art. 4. The ships mentioned in Articles I, II, and III shall afford 
relief and assistance to the wounded, sick, and shipwrecked of the 
belligerents without distinction of nationality. The Governments 
undertake not to use these ships for any military purpose. These 
vessels must in no wise hamper the movements of the combatants. 
During and after an engagement they will act at their own risk and 
peril. The belligerents shall have the right to control and search 
them; they can refuse to help them, order them off, make them take 
a certain course, and put a commissioner on board; they can even 
detain them, if important circumstances require it. As far as pos- 
sible, the belligerents shall enter in the log of the hospital ships the 
orders which they give them. — X, H. C. 1907. 

Hospital ships, distinguishing marks. 

Art. 5. Military hospital ships shall be distinguished by being 
painted white outside with a horizontal band of green about a meter 
and a half in breadth. The ships mentioned in Articles II and III 
shall be distinguished by being painted white outside with a hori- 
zontal band of red about a meter and a half in breadth. The boats 
of the ships above mentioned, as also small craft which may be used 
for hospital work, shall be distinguished by similar painting. All 
hospital ships shall make themselves known by hoisting, with their 
national flag, the white flag with a red cross provided by the Geneva 
convention, and further, if they belong to a neutral State, by flying 
at the mainmast the national flag of the belligerent under whose 
control they are placed. Hospital ships which, in the terms of Article 
IV, are detained by the enemy, must haul down the national flag of 
the belligerent to whom they belong. The ships and boats above men- 
tioned which wish to insure by night the freedom from interference 
to which they are entitled, must, subject to the assent of the bel- 
ligerent they are accompanying, take the necessary measures to 
render their special painting sufficiently plain. — X, H. C. 1907. 

Art. 6. The distinguishing signs referred to in Article V can only 
be used, whether in time of peace or war, for protecting or indicating 
the ships therein mentioned. — X, H. C. 1907. 

Art. XII. The distinctive flag to be used with the national flag, 
in order to indicate any vessel or boat which may claim the benefits of 
neutrality, is a white flag with a red cross. The belligerents may 
exercise in this respect any mode of verification which they may deem 
necessary. Military hospital ships shall be distinguished b}' being 
painted white outside, with green strake. — Spain, Ins. 1898. 

Art. XIII. The hospital ships which are equipped at the expense 
of the aid societies, recognized by the signatory powers to the Geneva 
convention, and which are furnished with a commission emanating 



ENEMY PROPERTY 97 

from the sovereign, who shall have given express authority for their 
being fitted out, and with a certificate from the proper naval au- 
thority that they have been placed under his control until their final 
departure, and that they were then appropriated solely to the pur- 
pose of their mission, shall be considered neutral, as well as the whole 
of their staff. They shall be recognized and protected by the bel- 
ligerents. They shall make themselves known by hoisting, together 
with their national flag, the white flag with a red cross. The dis- 
tinctive mark of their staff, while performing their duties, shall be an 
armlet of the same colors. The outer painting of these hospital 
ships shall be white with red strake. These ships shall bear aid and 
assistance to the wounded and wrecked belligerents, without distinc- 
tion of nationality. They must take care not to interfere in any way 
with the movements of the combatants. During and after the battle 
they must do their duty at their own risk and peril. The belligerents 
shall have the right of controlling and visiting them; they will be 
at liberty to refuse their assistance, to order them to depart, and to 
detain them if^he exigencies of the case require such a step. The 
wounded and wrecked picked up by these ships can not be reclaimed 
by either of the combatants, and they will be required not to serve 
during the continuance of the war. — Spain, Ins. 1898. 

Hospital wards of warships. 

Art. 7. In the case of a fight on board a warship, the sick wards 
shall be respected and spared as far as possible. The said sick wards 
and the materiel belonging to them remain subject to the laws of 
war ; they can not, however, be used for any purpose other than that 
for which they were originally intended, so long as they are required 
for the sick and wounded. The commander, however, into whose 
power they have fallen may apply them to other purposes, if the 
military situation requires it, after seeing that the sick and wounded 
on board are properly provided for. — X, H. C. 1907. 

Art. 43. Dans le cas d'un combat a bord d'un vaisseau de guerre, 
les infirmeries et leur materiel seront respectes et menages autant 
que faire se pourra. Tout en demeurant soumis aux lois de la guerre, 
ils ne pourront etre detournes de leur emploi, tant qu'ils seront 
necessaires aux blesses et malades. Le commandant qui les a en son 
pouvoir cependant la faculte d'en disposer, en cas de necessite mili- 
taire importante, en assurant le sort des blesses et malades qui s'y 
trouvent. — Institut, 1913. 

Hospital ships, limit of exemption. 

Art. 8. Hospital ships and sick wards of vessels are no longer 
entitled to protection if they are employed for the purpose of injur- 
ing the enemy. The fact of the staff of the said ships and sick wards 
being armed for maintaining order and for defending the sick and 



98 REGULATION OF MARITIME WARFARE 

wounded and the presence of wireless telegraphy apparatus on board 
is not a sufficient reason for withdrawing protection. — X, H. C. 1907. 

Art. 44. La protection due aux batiments-hospitaliers et aux infir- 
meries des vaisseaux cesse si l'on en use pour commettre des actes 
nuisibles a l'ennemi. N'est pas considere comme etant de nature 
a justifier le retrait de la protection, le fait que le personnel de ces 
batiments et de ces infirmeries est arme pour le maintien de l'ordre 
et pour la defense des blesses ou malades, ainsi que le fait de la 
presence a bord d'une installation radio-telegraphique. — Institut, 
1913. 

Art. XIV. In naval wars any strong presumption that either 
belligerant takes advantage of the benefits of neutrality, with any 
other view than the interest of the sick and wounded, gives to the 
other belligerent, until proof to the contrary, the right of suspend- 
ing the convention, as regards such belligerent. — Spain, Ins. 1898. 

Cartel ships. 

Art. 45. Navires de cartel. — Ne puevent etre saisis, pendant qu'ils 
remplissent leur mission, les navires dits de cartel, qui font office de 
parlementaires, meme s'ils appartiennent a la marine militaire. Est 
considere comme navire de cartel, le navire autorise par l'un des 
belligerants a enter en pourparlers avec l'autre et se presentant 
avec un pavilion blanc. Le chef auquel un navire de cartel est 
expedie n'est pas oblige de le recevoir en toutes circonstances. II 
pent prendre toutes les mesures necessaires afin d'empecher le navire 
de cartel de profiter de sa mission pour se renseigner. II a le droit, 
en cas d'abus, de retenir temporairment le navire de cartel. Le 
navire de cartel perd ses droits d'inviolabilite, s'il est prouve, d'une 
maniere positive et irrecusable, que le commandant a profite de la 
position privilegiee de ce navire pour provoquer ou commettre un 
acte de trahison. — Institut, 1913. 

Art. 6. Exempt from seizure are : (d) Vessels whose voyage is 
made for earning a flag of truce or for the exchange of prisoners 
of war.— Ger. O. 1909. 

Religious, scientific, and philanthropic vessels. 

Art. 4. Vessels charged with religious, scientific, or philanthropic 
missions are likewise exempt from capture. — XI, H. C. 1907. 

Art. 46. Navires charges de missions. — Sont exempts de saisie les 
navires charges de missions religieuses, scientifiques ou philanthro- 
piques. — Institut, 1913. 

15. Les batiments charges de mission religieuse, scientifique ou 
philanthropique sont egalement exempts de capture, sous la meme 
reserve que ces batiments ne participent en aucune facon aux hos- 
tilites. — Fr. Ins. 1912. 

Art. 6. Exempt from seizure are: (c) Vessels engaged in reli- 
gious, scientific, and philanthropic work. — Ger. O. 1909. 



ENEMY PROPERTY 99 

Art. 28. An enemy vessel which is engaged in scientific, religi- 
ous, or philanthropic work shall be exempt from capture if it is 
clear that she is exclusively engaged in such work. — Jap. Reg. 1914. 

Fishing vessels and local trade. 

Art. 3. Vessels used exclusively for fishing along the coast or 
small boats employed in local trade are exempt from capture, as well 
as their appliances, rigging, tackle, and cargo. They cease to be 
exempt as soon as they take any part whatever in hostilities. The 
contracting powers agree not to take advantage of the harmless 
character of the said vessels in order to use them for military pur- 
poses while preserving their peaceful appearance. — XI, H. C. 1907. 

12. Les navires ennemis exclusivement affectes a la peche cotiere 
ou a des services de petite navigation locale sont exempts de capture, 
ainsi que leurs engins, agres, apparaux et chargement. Cette exemp- 
tion cesse de leur etre applicable des qu'ils participent d'une facon 
quelconque aux hostilites. — Fr. Ins. 1912. 

Art. 47. Bateaux affectes a la peche cotiere et a la petite navigation 
locale. — Les bateaux exclusivement affectes a la peche cotiere, ou a 
des services de petite navigation locale, y compris ceux exclusivement 
affectes au pilotage ou au service des phares, comme aussi les navires 
destines a naviguer principalement sur les fleuves, canaux et lacs, 
sont exempts de saisie, ainsi que leurs engins, agres, apparaux et 
chargements. II est interdit de profiter du caractere inoffensif des 
dits bateaux pour les employer dans un but militaire en leur con- 
servant leur apparence pacifique. — Institut, 1913. 

13. Toutefois vous ne tolererez la peche et la petite navigation 
locale sur les cotes de l'ennemi que pendant le jour et qu'autant que 
cette faveur, dictee par un interet d'humanite, n'entrainerait aucun 
abus prejudiciable aux operations militaries et maritimes, notamment 
en cas de blocus. — Fr. Ins. 1912. 

14. Tout navire prealablement prevenu des interdictions que vous 
auriez pu ainsi decider, ou provenant d'un port auquel vous auriez 
notifie ces interdictions, et qui ne les aurait pas observees, sera 
considere par vous comme participant aux hostilites. — Fr. Ins. 1912. 

Art. 6. Exempt from seizure are: (b) Vessels engaged exclusively 
in the coast fisheries or in the service of local shipping traffic, so long 
as they take no part whatever in hostilities. The coast fisheries are 
not restricted to the territorial waters of the respective states; the 
matter includes the entire fishing with the exception of the declared 
high-sea fisheries. — Ger. O. 1909. 

Art. 25. Enemy vessels which are engaged exclusively in coast 
fishery or in short voyages of local nature, shall be exempt from cap- 
ture, together with their fishing implements, equipments, and cargoes. 
The exemption mentioned in the preceding paragraph shall cease to 



100 REGULATION OF MARITIME WARFARE 

be applicable from the time such vessels take part in any way in 
hostile operations. — Jap. Reg. 1914. 

Art. 26. An officer commanding a man-of-war may permit coast 
fishery and short voyages of local nature on the enemy coast only in 
daytime. In case, however, there is apprehension of abusing the 
above permission against hostile operations of the Japanese army 
and navy, he may totally prohibit such fishery and voyage in day- 
lime as at night. — Jap. Reg. 1914. 

Akt. 27. Vessels which violate the prohibition of the preceding 
article notwithstanding that they knew or may be presumed to know 
such prohibition, shall be deemed as to have taken part in hostile 
actions. — Jap. Reg. 1914. 

Postal correspondence. 

Art. 1. The postal correspondence of neutrals or belligerents, 
whatever its official or private character may be, found on the high 
seas on board a neutral or enemy ship, is inviolable. If the ship is 
detained, the correspondence is forwarded by the captor with the 
least possible delay. The provisions of the preceding paragraph do 
not apply, in case of violation of blockage, to correspondence des- 
tined for or proceeding from a blockaded port. — XI, H. C. 1907. 

Art. 53. B. Correspondance postale. — La correspondance postale, 
quelque soit son caractere officiel ou prive, trouvee en mer sur un 
batiment ennemi, est inviolable, a moins qu'elle ne soit en destination 
ou en provenance d'un port bloque. L'inviolabilite de la corres- 
pondance postale ne soustrait pas les paquebots-poste aux lois et 
coutumes de la guerre sur mer concernant les navires en general. 
Toutefois la visite n'en doit etre effectuee qu'en cas de necessite avec 
tous les managements et toute la celerite possibles. S'il y a saisie 
du navire sur lequel la poste est embarquee, la correspondance est 
expediee avec le moins de retard possible par le capteur. — Institut, 
1913. 

87. The genuine postal correspondence of neutrals or belligerents, 
found on board a neutral or enemy ship at sea, is inviolable. If the 
ship is detained, such postal correspondence is to be forwarded by 
the captor with the least possible delay. The provisions of the pre- 
ceding paragraph do not apply, in case of violation of blockade, to 
correspondence destined for or proceeding from a blockaded port — 
U. S. Ins. 1917. 

122. La correspondance postale des neutres ou des belligerants. 
quel que soit son caractere officiel ou prive, trouvee en mer sur ui» 
navire neutre ou ennemi, est inviolable. S'il y a saisie du navire. 
elle est expediee avec le moins de retard possible par le capteur. — 
Fr, Ins. 1912. 



ENEMY PROPERTY 101 

122. The postal correspondence of neutrals or belligerents, what- 
ever be its official or private character found at sea on a neutral or 
enemy ship, is inviolable. Should the ship be seized, it will be 
forwarded with the least delay possible by the captor. Postal 
packages have not the character of postal correspondence. — Fr. 
Ins. 1916. 

123. Les dispositions precedentes ne s'appliquent pas, en cas de 
violation de blocus, a la correspondance qui est a destination ou en 
provenance de port bloque. — Fr. Ins. 1912. 

124. Elles ne sont egalement applicables qu'entre les puissances 
qui ont ratifie la Convention de La Haye du 18 octobre 1907 relative 
a certaines restrictions a l'exercice du droit de capture dans la guerre 
maritime, ou qui ont adhere a cette Convention, et seulement si les 
belligerants sont tous parties a cette Convention. — Fr. Ins. 1912. 

7. The mails found on board neutral or enemy ships at sea from 
neutrals or belligerents, whether of an official or private nature, are 
inviolate. In case of the seizure of the ship, they are to be for- 
warded with the least possible delay by the captor. — Ger. O. 1909. 

16. After having examined the ship's papers, the officer asks the 
master to present what mail he has, searches for correspondence of 
the hostile government and, generally speaking, all packages 
addressed to the enemy's ports. — Rus. Ins. 1900. 

Art. XXXIV. In visiting or searching a neutral mail ship if the 
mail officer of the neutral country on board the ship swears in a 
written document that there are no contraband papers in certain 
mail bags those mail bags shall not be searched. In case of grave 
suspicion, however, this rule does not apply. — Jap. Reg. 1904. 

Art. LXVIII. When a mail steamer is captured, mail bags con- 
sidered to be harmless shall be taken out of the ship without break- 
ing the seal, and steps shall be taken quickly to send them to their 
destination at the earliest date. — Jap. Reg. 1904. 

30. All mails on board the captured ships shall be forwarded to 
their destination, except the mails sent from or destined to a block- 
ade port. — China, Reg. 1917. 

Art. 108. Postal correspondence, official or private, of neutral 
or enemy persons found on board a neutral or an enemy vessel, must 
be respected, and in the case of capture of the vessel, the captor 
shall send them to their destinations as soon as possible. In the 
case of violation of a blockade the rules of the preceding para- 
graph do not apply to correspondence destined for, or proceeding 
from, the blockaded port. — Jap. Reg. 1914. 

Art. 111. In the cases of article 108, paragraph 2, and article 110, 
the commanding officer of a man-of-war shall seize letters, official 
or private, which are addressed to enemy authorities or persons re- 



102 REGULATION OF MARITIME WARFARE 

siding in the enemy territory or territory occupied by the enemy, 
and if he thinks it necessary, he shall forward them to the Minister 
of the Navy. With regard to letters on board the captured vessel 
which do not come under the preceding paragraph, steps shall be 
taken to forward them to their addresses as soon as possible. — Jap. 
Keg. 1914. 

125. Dans le cas des paragraphes 123 et 124, vous pourrez prendre 
connaissance des lettres officielles ou particulieres adressees aux 
autorites ennemies ou a des personnes residant sur le territoire de 
l'ennemi ou occupe par lui et trouvees a bord des batiments captures ; 
s'il en est qui presentent de l'interet, vous les adresserez sans delai 
au Ministre de la Marine, vous expedierez les outres a leur destina- 
tion avec le moins de retard possible. — Fr. Ins. 1912. 

Postal vessels. 

Art. 2. The inviolability of postal correspondence does not exempt 
a neutral mail ship from the laws and customs of maritime war as to 
neutral merchant ships in general. The ship, however, may not be 
searched except when absolutely necessary, and then only with as 
much consideration and expedition as possible. — XI, H. C. 1907. 

88. Neutral mail ships are subject to the laws and customs of 
maritime war applicable to neutral merchant ships in general. — 
U. S. Ins. 1917. 

55. The inviolability of certain postal correspondence does not 
exempt a neutral mail ship from the laws and customs of maritime 
war as to neutral merchant ships in general. — U. S. Ins. 1917. 

126. L'inviolabilite de la correspondance postale ne soustrait pas 
les paquebots-poste neutres aux lois et coutumes de la guerre sur 
mer concernant les navires de commerce neutres en general. Toute- 
f ois la visite n'en doit etre effectuee qu'en cas de necessite, avec tous les 
managements et toute la celerite possibles. — Fr. Ins. 1912. 

Art. 7. The inviolability of mails does not exempt neutral mail 
steamers from the laws and usages of war on sea, nor from capture ; 
but they shall be searched only when urgent, with all possible con- 
sideration and despatch. — Ger. O. 1909. 

Art. 109. The inviolability of postal correspondence does not 
exempt a neutral mail ship from the laws and customs of maritime 
warfare which are applicable to neutral vessels in general. How- 
ever, visit and search shall be made leniently and quickly, and only 
in case of necessity. — Jap. Reg. 1914. 

Art. 110. The provisions of article 108 shall be applied only to 
vessels of the countries which ratified the treaty No. 11 of 1912, 
treaty relating to limitation of exercise of the right of capture in 
maritime warfare, or which have become a party thereto. — Jap. Reg. 
1914. 



REGULATION OF MARITIME WARFARE 103 

ENEMY CHARACTER 

VESSELS 

Whereas by the Declaration of London, order in council No. 2, 1914, His 
Majesty was pleased to declare that during the present hostilities the pro- 
visions of the said Declaration of London should, subject to certain excep- 
tions and modifications therein specified, be adopted and put in force by His 
Majesty's Government; and 

Whereas by article 57 of the said declaration, it is provided that the neutral 
or enemy character of a vessel is determined by the flag which she is entitled 
to fly; and 

Whereas it is no longer expedient to adopt the said article; 

Now, therefore, His Majesty, by and with the advice of his privy council, 
is pleased to order, and it is hereby ordered, that from and after this date 
articles 57 of the Declaration of London shall cease to be adopted and put 
in force. 

In lieu of the said article, British prize courts shall apply the rules and 
principles formerly observed in such courts. 

This order may be cited as " The Declaration of London, order in council, 
1915." 

—Br. O. in C, Oct. 20, 1915. 

Art. 1. The provisions of article 57, paragraph 1, of the Declara- 
tion signed at London, February 26, 1909, relating to naval warfare, 
shall be applied during the present war, with the following modifica- 
tion to it whenever it is established that a ship flying an enemy flag 
belongs in fact to the nationals of a neutral or an allied country, or 
conversely that a ship flying a neutral or allied flag belongs in fact 
to nationals of an enemy country, or to parties residing in an enemy 
country, the ship shall accordingly be considered neutral, allied, 
or enemy. — Fr. Dec. Oct. 23, 1915. 

11. A neutral ship will be treated as an enemy ship if the prop- 
erty belongs partly or wholly to citizens of enemy states. As 
citizens of enemy states in the sense of this ordinance are also to be 
considered judicial persons or societies of other countries which 
have their seat in enemy countries. It will be considered as equal 
to location in an enemy country if the capital belongs overwhelm- 
ingly to citizens of enemy countries, or if the management is car- 
ried on by enemy citizens, or is directed from or controlled by an 
enemy country. The same holds good if the fact has been estab- 
lished that capital or other means to carry on the business is con- 
tributed from citizens of enemy countries or from enemy countries 
themselves. — Ger. P. C. amendment, July 16, 1917. 

If due to general combination of circumstances it appears, that in 
a vessel sailing under the enemy's flag are actually interested, sub- 
jects of neutral or allied powers, or that, on other hand, if in a 
vessel sailing under neutral or allied flag there are actually interested 



104 REGULATION OF MARITIME WARFARE 

subjects of an enemy power or persons living in an enemy state, then 
such a vessel may in consequence be considered as neutral, allied, or 
enemy. The governing Senate will not fail to make suitable dis- 
positions for fulfillment— Rus. P. O. Feb. 4, 1916. 

Par. 4. If under the general circumstances of the case it appears, 
that in a vessel sailing under the enemy's flag are actually interested 
subjects of neutral or allied powers, or that, on the other hand, in a 
vessel sailing under neutral or allied flag there are actually inter- 
ested subjects of an enemy power or persons living in an enemy 
state — then such a vessel may in consequence be considered as neu- 
tral, allied, or enemy. The governing Senate will not fail to make 
suitable dispositions for fulfillment. — Rus. Dec. 8, 1916. 

Art. VI. The following are enemy vessels : 

1. Vessels employed by the enemy, including the case in which such em- 
ployment is compulsory. 

2. Vessels voyaging under the enemy's flag or with license of the enemy. 

3. Vessels, the whole or part of which is owned by the enemy state or its 
subjects. Vessels that have certificates of nationality as Japanese, or that 
voyage under the license of Japan, do not, however, come under this rule. 

4. Vessels, the ownership of which has been transferred before the war, 
but in expectation of its outbreak or during the war, by the enemy state or its 
subjects to persons having residence in Japan or a neutral state, unless there 
is proof of a complete and bona fide transfer of ownership. 

In case the ownership of a vessel is transferred during its voyage 
and actual delivery is not effected, such transfer of ownership shall 
not be considered as complete and bona fide. — Jap. Reg. 1904. 

Art. 18. The neutral or enemy character of a vessel is determined 
by the flag which she has the right to fly. A neutral ship which 
is engaged, with a license from the government of the enemy State, 
on a voyage which is forbidden by that state in peace to foreign 
ships, is deemed an enemy ship. — Jap. Reg. 1914. 

3. Ships regarded as of enemy character in the present regula- 
tions shall be as follows : 

(a) Ships flying the enemy flags. 

(b) Ships flying neutral flags in accordance with law but the 
whole of a portion of the owners of the ship have domicile in enemy 
countries. 

(c) Ships employed by the enemy countries. 

(d) Enemy ships being transferred to persons having domicile in 
the Republic or other neutral countries during the war or in antici- 
pation of the war, without the transfer fully completed and having 
no proof to show the bona fide of the deal. — China, Reg. 1917. 

Art. 51. Du caractere ennemi. — Le caractere ennemi ou neutre 
d'un navire est determine par le pavilion qu'il a le droit de porter. 
Le caractere ennemi ou neutre de marchandises trouvees a bord d'un 



ENEMY CHARACTER 105 

navire ennemi est determine par le caractere ennemi ou neutre de 
leur proprietaire. Chaque Etat doit declarer, au plus tard des le 
debut des hostilites, si le caractere ennemi ou neutre du proprietaire 
des marchandises est determine par le domicile ou par la nationalite 
de ce proprietaire. Le caractere ennemi de la marchandise trouvee a 
bord d'un navire ennemi subsiste jusqu'a l'arrivee a destination, non- 
obstant un transfert intervenu pendant le cours de l'expedition, apres 
l'ouverture des hostilites. Toutefois, si, anterieurement a la cap- 
ture, un precedent proprietaire neutre exerce, en cas de faillite du 
proprietaire ennemi actuel, un droit de revendication legale sur la 
marchandise, celle-ci reprend le caractere neutre. — Institut, 1913. 

Art. 57. Subject to the provisions respecting the transfer of flag, 
the neutral or enemy character of a vessel is determined by the 
flag which she is entitled to fly. The case in which a neutral ves- 
sel is engaged in a trade which is reserved in time of peace, remains 
outside the scope of, and is in no wise affected by, this rule. — D. of 
L. 1909. 

56. The neutral or enemy character of a private vessel is deter- 
mined by the neutral or enemy character of the State whose flag 
the vessel has a right to fly as evidenced by her papers. — U. S. 
Ins. 1917. 

27. Neutral ships are those which are entitled to fly the flag of a 
neutral State.— Ger. P. C. 1916. 

15. When the captain is not in a position to determine to which 
flag a vessel which has been transferred to a neutral flag formerly 
belonged he is authorized to assume that she belongs to the enemy 
flag.— Ger. O. 1909. 

27. Caractere neutre ou ennemi. — Sous reserve des dispositions de 
1' Article XIII ci-apres, relativement au transfert de pavilion, le 
caractere d'un navire est determine par le pavilion qu'il a le droit 
de porter. Le caractere neutre ou ennemi des marchandises trouvees 
a bord d'un navire ennemi est determine par la nationalite de leur 
proprietaire. Si le caractere neutre de la marchandise trouvee a 
bord d'un navire ennemi n'est pas etabli, la marchandise est presumee 
ennemie. — Fr. Ins. 1912. 

27. Under reservation of the dispositions of Article XIII follow- 
ing, concerning the transfer of flag, the character of a ship is deter- 
mined by the flag which it has the right to bear. However, should 
it be ascertained that the interests in the property of the ship bear- 
ing enemy flag, belong in fact to subjects of a neutral or allied 
country, or, reciprocally, that the interests in the property of a ship 
bearing a neutral or allied flag belong in fact to subjects of an enemy 
country, or to persons residing in enemy country, the ship will in 
consequence be considered neutral, allied, or enemy. 



106 REGULATION OF MARITIME WARFARE 

28. The neutral or enemy character of the merchandise found on 
board an enemy ship is determined by the nationality of their owner. 
Should the neutral character of the merchandise found on board an 
enemy ship not be established, the merchandise will be presumed to 
be enemy. A neutral flag covers enemy merchandise, with the ex- 
ception of contraband of war. Should, without infringing the above 
rule, some particular measure be taken concerning enemy commerce, 
you will be informed of the same. — Fr. Ins. 1916. 

3. Sous reserve des dispositions de l'Article XIII ci-apres, rela- 
tives au transfert de pavilion, tout navire est presume ennemi qui ne 
peut justifier du droit de porter un pavilion neutre. — Fr. Ins. 1912. 

11. The character of a ship, whether enemy or neutral, will be de- 
termined by the flag which she has a right to carry. Which flag a 
ship has the right to carry is proven, under the navigation laws of 
nearly all seafaring States by some official document (ship's register, 
nationality certificate, lettre de mer, acte de Francisation, zeebrief, 
pass, patent, fribreef, etc.) which each merchant vessel must have 
on board. When the nationality of a ship can not unquestionably 
be determined, especially if the document necessary to indicate the 
right to carry the flag of the nation concerned is missing, the ship is 
to be treated as hostile. — Ger. O. 1909. 

Vessels engaging in closed trade (Rule of 1756). 

16. A neutral ship is to be treated as an enemy ship further when 
it — (a) engages in a voyage which is permitted only since the out- 
break of the war, or within two months. A neutral ship is to be 
treated as an enemy ship further when it — (b) forcibly resists the 
measures of the law of prize ; against such ship, force of arms is to 
be employed until resistance ceases; mere attempt to escape does not 
constitute forcible resistance. — Ger. O. 1909. 

Suspected neutral vessels. 

Vessels subject to detention are the following : 

(3) All suspicious vessels, although sailing under a neutral flag. 
The following and other similar acts furnish grounds for considering 
a merchant vessel as suspicious : 

(a) If the vessel does not stop its engines or lie to upon the demand 
of the cruiser, in consequence whereof the latter is compelled to give 
chase and use force in order to stop her. 

(b) If the vessel has no papers, or has counterfeit or suspicious 
papers. 

(c) If there are grounds for supposing that the vessel was ficti- 
tiously sold to a neutral subject after the declaration of war. 

(d) If the halted vessel has shown resistance to the examination, 
and likewise if the master refuse to open the apartments on the 
demand of the examining officer. — Rus. Ins. 1906. 



ENEMY CHARACTER 107 

CARGO 
Owner. 

Art. 58. The neutral or enemy character of goods found on board 
an enemy vessel is determined by the neutral or enemy character of 
the owner.— D. of L. 1909. 

59. The neutral or enemy character of merchandise on board an 
enemy private vessel is determined by the neutral or enemy com- 
mercial domicile of the owner, whether the owner be an individual, 
a firm, or a corporation. In the absence of proof of the neutral 
character of goods found on board an enemy vessel, they are pre- 
sumed to be enemy goods. — U. S. Ins. 1917. 

20. (a) The captain will regard the goods found on board an 
enemy ship as enemy goods, unless the neutral character of the goods 
is clearly shown, (b) The character of the goods found on board 
an enemy ship as neutral or enemy goods, is determined by the 
nationality of the owner. If he have no, or as much neutral as 
hostile nationality, the character of the goods is determined by the 
domicile of the owner. Goods which belong to a stock corporation 
will be regarded as enemy's or neutral according as the corporation 
has its headquarters in a hostile or neutral country. — Ger. O. 1909. 

Art. VIII. The national character of a cargo shall be decided by 
the national character of the owner. — Jap. Reg. 1904. 

Art. 19. The neutral or enemy character of goods found on board 
an enemy vessel is determined by the neutral or enemy character of 
the owner, and in case such owner has dual nationality, by whether 
his residence lies in a neutral State or in an enemy State. — Jap. Reg. 
1914. 

Art. IX. In the following cases the cargo shall be considered 
enemy property, in spite of the above regulations : 

1. A cargo consigned before the war but in expectation of its outbreak or 
during the war by a person who has residence in the Empire or in a neutral 
State or by his representative to the enemy State or to a subject of the 
enemy State or to his representative. 

2. A cargo, the ownership of which has been transferred before the war but 
in expectation of its outbreak or during the war by the enemy State or its 
subject to a person who has a residence in the Empire or in a neutral State, 
unless there is proof of full bona fide transfer. 

In case the ownership of a cargo is transferred during a voyage, 
and actual delivery is not effected, such transfer shall not be con- 
sidered bona fide and full. — Jap. Reg. 1904. 

Art. 20. If the neutral character of goods found on board an 
enemy vessel is not proven, they are presumed to be enemy goods. — 
Jap. Reg. 1914. 

4. Enemy goods are as follows: (a) Goods owned by persons 
having domicile in the enemy countries, (b) Goods owned by per- 
sons having domicile in the Republic or other neutral countries and 



108 REGULATION OF MARITIME WARFARE 

consigned to enemy countries or subjects during the war or in 
anticipation of it. (c) Enemy goods being transferred to persons 
having domicile in the Republic or other neutral countries during 
the war or in anticipation of it without the transfer being fully 
concluded and having no proof to show the bona fide of the deal- 
China, Reg. 1917. 

Presumption. 

Art. 59. If the neutral character of goods found on board an enemy 
vessel is not proven, they are presumed to be enemy goods. — D. of L. 
1909. 

Transfers in transitu. 

Art. 60. The enemy character of goods on board an enemy vessel 
continues until they reach their destination, notwithstanding an 
intervening transfer after the opening of hostilities while the goods 
are being forwarded. If, however, prior to the capture, a former 
neutral owner exercises, on the bankruptcy of a present enemy 
owner, a legal right to recover the goods, they regain their neutral 
character.— D. of L. 1909. 

61. Enemy goods on board an enemy vessel retain their enemy 
character, notwithstanding any transfer effected after the outbreak 
of hostilities. If, however, prior to capture, a former neutral owner 
exercises on the bankruptcy of the enemy owner a recognized legal 
right to recover the goods, they retain their neutral character. — U. S. 
Ins. 1917. 

Art. 20. (c) The proof, whose property portions of the cargo are 
and whether they are neutral goods will in general hardly be deter- 
minable on board. The character of goods carried as freight on 
board an enemy vessel continues as enemy goods until the arrival 
at destination, regardless of any change of ownership during the 
voyage after the outbreak of hostilities, (d) Neutral goods may be 
transferred to enemy ownership during the voyage. — Ger. O. 1909. 

Art. 21. The enemy character of goods on board an enemy vessel 
continues until they reach their destination notwithstanding an in- 
tervening transfer after the opening of hostilities while the goods are 
being forwarded. If, however, prior to the capture, a former neu- 
tral owner exercises, on the bankruptcy of a present enemy owner, 
a legal right to recover the goods, they regain their neutral char- 
acter. — Jap. Reg. 1914. 

PRODUCE OF ENEMY SOIL 

60. Articles which are products of the soil of an enemy country 
and shipped therefrom after the outbreak of war are impressed with 
the enemy character of the territory, although the owner may be 
domiciled or resident in a neutral country. — U. S. Ins. 1917. 



NEUTRAL PROPERTY 109 

PERSONS, DOMICILE 

Art. III. The national character of a person shall be decided by 
the place of his actual residence, whatever his nationality may be. — 
Jap. Reg. 1904. 

Art. IV. By the place of residence is meant the place where a 
person permanently lives ; in the case of a merchant, the place where 
he principally carries on his business; and in the case of a consul 
who is engaged in mercantile business, the place where he carried 
on that business. — Jap. Reg. 1904. 

5. " Domicile " means a certain place permanently resided by a 
person. In case the party concerned is a juristic person, the place 
where its head office is situated shall be considered as its domicile. — 
China, Reg. 1917. 

RESIDENTS OF OCCUPIED TERRITORY 

Art. V. The district temporarily occupied by the enemy shall 
not be considered enemy territory in respect to the national charac- 
ter of persons, ships, and their cargoes. — Jap. Reg. 1904. 

6. The term " enemy countries " shall be equally applied to ter- 
ritories being occupied by the enemy troops. — China, Reg. 1917. 



NEUTRAL PROPERTY 

LIABILITY 

Neutral vessels, liability to capture. 

64. A neutral private vessel is in general liable to capture if she- 



(a) Attempts to avoid visit and search by flight, but this must 
be clearly evident; or resists with force. 

(b) Presents irregular or fraudulent papers, or lacks necessary 
papers, or destroys, defaces, or conceals papers. 

(c) Carries contraband, except when permitted by treaty to sur- 
render (" deliver up," " deliver out ") the contraband to the captors. 

(d) Has broken or has attempted to break a blockade. 

(e) Has engaged in unneutral service. 

(/) Is under enemy convoy; or under neutral convoy to avoid 
rightful capture.— U. S. Ins. 1917. 

7. Nothing in this order shall be deemed to affect the liability of 
any vessel or goods to capture or condemnation independently of 
this order. — Br. O. in C, Mar., 1915. 

26. Les neutres sont auotrises par le droit des gens a continuer 
librement leur commerce avoc les belligerants. Toutefois les navires 



110 REGULATION OF MARITIME WARFARE 

neutres sont soumis au droit de visite et, eventuellement, a la capture 
dans les cas suivents : 

1. S'ils resistent a la visite dans les conditions de l'Article XII 
ci-apres ; 

2. S'ils transportent des objets de contrebande de guerre, dans 
les conditions de l'Article VIII ci-apres; 

3. S'ils pretent assistance a l'ennemi dans les conditions de 
l'Article IX ci-apres; 

4. S'ils tentent de violer un blocus dans les conditions de l'Article 
X ci-apres.— Fr. Ins. 1912. 

Art. 7. In other cases which have not been provided for in this 
decree or other national legislation in force, the provisions bearing 
en the subject contained in the legislation of the allied nations, as 
well as the general principles of public international law shall be 
applicable. — Port. Dec. 1916. 

2. The right of capture does not apply to neutral public vessels. — 

Ger. O. 1909. 

2. Merchant ships, under whatever flag they may be sailing, shall 

be subject to capture in accordance with the provisions of the 

following articles if — 

(a) Guilty of violation of blockade. 

(b) Transporting contraband of war. 

(c) Lending assistance to the enemy. 

(d) They forcibly resist or endeavor to avoid search. 

(e) They are without ship's papers, or have on board ship's papers 
or manifests which are either falsified, altered, or insufficient so as 
to give rise to suspicion that they are concealing their real nationality 
or the real description or destination of the cargo. 

(/) They are going to an enemy port, while on the ship's papers a 
neutral destination is indicated. 

(g) They have been transferred from an enemy to a neutral flag 
subsequent to the outbreak of war, or not more than 30 days before 
that date, or not more than 60 days when the deed of sale by which 
the transfer of flag was effected is not found on board. — Italy, 
P. R. 1915. 

11. Merchant vessels of neutral nationality are subject to confisca- 
tion as prizes in the following cases: (1) When the vessels are 
caught conveying to the enemy or to any enemy's port: (a) Am- 
munition, as well as objects and accessories for making explosives, 
independently of their quantity; (b) other objects contraband of 
war, in quantities exceeding, by volume or weight, half of the entire 
cargo; (c) hostile military detachments, unless it be proven in all 
these cases that the declaration of war remained unknown to the 
masters of these vessels; (2) when the vessels are caught violating 



NEUTRAL PROPERTY 111 

a blockade and it is not proven that the establishment of the block- 
ade remained unknown to the masters; (3) when the vessels have 
resisted by armed force their stoppage, examination, or detention; 
and (4) when they have taken part in the hostile operations of the 
enemy. — Rus. THeg. 1895. 

12. The cargo of merchant vessels of neutral nationality is subject 
to confiscation as prizes: (1) When such cargo consists of contra- 
band of war being conveyed to the enemy or to any enemy's port 
and it is not proven that the declaration of war was unknown to the 
masters of the vessels; (2) when the cargo is found on board a 
vessel subject to confiscation by virtue of points 2-4 of article 11, 
and it is not proven that it belongs to Russian owners or to neutral 
owners not guilty of violations involving confiscation. — Rus. Reg. 
1895. 

28. Detained property is subjected to confiscation only in case it 
belongs to the class of articles which may be confiscated as prizes 
(arts. 10-12) and provided it has been detained in observance of 
the conditions laid down (arts. 2, 3, and 15-17). In a contrary case 
the property is released and returned to the original owner. — Rus, 
Reg. 1895. 

Art. 37. Vessels subject to detention are the following : 

Neutral merchant vessels — 

(a) If they are carrying to the enemy any quantity whatever of 
ammunition, objects, or appurtenances for making explosives, or 
detachments of hostile troops. 

(b) If they are carrying to the enemy other articles contraband 
of war in a quantity exceeding by volume or weight half of the 
whole cargo. 

Note. — If the quantity of such contraband of war is less than half of the 
whole cargo, the vessel is detained only until the contraband is surrendered, 
and it is left to the discretion of the commander as to whether such surrender 
may be made at the place of detention or after the vessel has been conducted 
into port. 

(c) If they are caught violating an actual and declared blockade. 

(d) If they have shown armed resistance to stoppage or examina- 
tion. 

(e) If they have taken part in hostile operations of the enemy. 
Art. 38. Cargoes subject to detention are the following : 

(2) Hostile and neutral cargoes found on neutral vessels which 
have violated their neutrality : that is — 

(a) On neutral vessels which have taken part in hostile operations 
of the enemy ; 

(b) Which have shown armed resistance to stoppage, examination, 
or detention; and 

(<?) Caught violating a blockade. 



112 EEGULATION OF MARITIME WARFARE 

(3) All cargoes which constitute contraband of war, with the ex- 
ception of articles constituting the armament and provisioning of the 
neutral vessel itself. 

In detaining vessels and cargoes the rule is observed that personal 
effects intended for the personal use of the crew and passengers is 
not subject to detention. 

Except in the above-mentioned cases the following rules are ob- 
served : 

(1) A neutral flag covers an enemy's cargo with the exception of 
contraband of war. * . 

(2) Neutral goods, with the exception of contraband of war, are 
not subject to detention under a hostile flag. — Rus. Ins. 1900. 

Art. XXXVII. Any vessel that comes under one of the following 
categories shall be captured, no matter of what national character 
it is: 

1. Vessels that carry persons, papers, or goods that are contraband 
of war. 

2. Vessels that carry no ship's papers, or have willfully mutilated 
or thrown them away, or hidden them, or that produce false papers. 

3. Vessels that have violated a blockade. 

4. Vessels that are deemed to have been fitted out for the enemy's 
military service. 

5. Vessels that engage in scouting or carry information in the 
interest of the enemy, or are deemed clearly guilty of any other act 
to assist the enemy. 

6. Vessels that oppose visitation or search. 

7. Vessels voyaging under the convey of an enemy's man-of-war. — 
Jap. Reg. 1904. 

Art. 25. III. The following ships are liable to capture, whether 
they are under a neutral flag or under the flag of the Republic of 
China : 

(a) Ships carrying contraband of war or hostile persons. 

(b) Ships in violation of blockade. 

(c) Ships engaged in giving information to the enemy or partici- 
pating in any hostile acts in the interest of the enemy. 

(d) Ships under the convoy of the enemy flag. 

(e) Ships having no necessary papers or giving fraudulent papers 
or having destroyed, concealed, defaced their papers. — China, Reg. 
1917. 

Art. XXXIX. Vessels that come under one of the following cases 
may be captured, no matter of what national character they are : 

1. When a vessel does not produce the necessary papers or they 
are not kept in good order. 

2. When there are contradictions among the ship's papers or be- 
tween the statements of the master and the ship's papers. 



TRANSFER OF FLAG 113 

3. Besides the above two cases, when as the result of visitation or 
search there is sufficient suspicion to justify capture according to 
articles from XXXV to XXXVII.— Jap. Reg. 1904. 

Art. LXV. After visit and search has been made, if the captain 
of the man-of-war still has suspicion of the vessel, he shall order the 
boarding officer to hear the explanation of her master; and if after 
those explanations there still appear to be grounds for capturing her, 
such vessel shall be captured. — Jap. Reg. 1904. 

Art. LXVI. In deciding whether a vessel is to be captured or not, 
the nature of the vessel, her equipments, cargo, and papers, the master 
and crew and their testimony, etc., shall be taken into consideration. — 
Jap. Reg. 1904; art 151, Reg. 1914. 

Neutral property, under enemy flag. 

(3) Neutral goods, with the exeception of contraband of war, are 
not liable to capture under the enemy's flag. — D. of P. 1856. 

68. Neutral goods, with the exception of contraband of war, are 
not liable to capture under the enemy's flag. — U. S. Ins. 1917. 

Art. 3. (b) Neutral goods, except contraband of war, are not 
liable to confiscation under the enemy's flag. — Spain, Dec. 1898. 



TRANSFER OF FLAG 

Transfer of flag. 

108. Lorsqu'il resulte de l'examen des pieces de bord que le navire 
est passe recemment sous pavilion neutre, il y a lieu de 
proceder avec la plus grande attention et de s'inspirer des regies 
suivantes. — Fr. Ins. 1912. 

Before war. 

Art. 55. The transfer of an enemy vessel to a neutral flag, ef- 
fected before the opening of hostilities, is valid, unless it is proved 
that such transfer was made in order to evade the consequences which 
the enemy character of the vessel would involve. There is, however, 
a presumption that the transfer is void if the bill of sale is not on 
board in case the vessel has lost her belligerent nationality less than 
60 days before the opening of hostilities. Proof to the contrary is 
admitted. There is absolute presumption of the validity of a trans- 
fer effected more than 30 days before the opening of hostilities 
if it is absolute, complete, conforms to the laws of the countries 
concerned, and if its effect is such that the control of the vessel and 
the profits of her employment do not remain in the same hands as 
before the transfer. If, however, the vessel lost her belligerent 
nationality less than 60 days before the opening of hostilities, and 
if the bill of sale is not on board, the capture of the vessel would 
not give a right to compensation. — D. of L. 1909. 



114 REGULATION OF MARITIME WARFARE 

Art. 52. Du transfert du pavilion. — Le transfert sous pavilion 
neutre d'un navire ennemi, effectue avant l'ouverture des hostilites. 
est valable, a moins qu'il soit etabli que ce transfert a ete effectue 
en vue d'eluder les consequences qu'entraine le caractere de navire 
ennemi. II y neanmoins presomption de nullite si Facte de trans- 
fert ne se trouve pas a bord, alors que le navire a perdu la nation- 
alite belligerante moins de soixante jours avant l'ouverture des hos- 
tilites; la preuve contraire est admise. II y a presomption absolue 
de validite d'un transfert effectue plus de trente jours avant l'ouver- 
ture des hostilites, s'il est absolu, complet, conforme a la legisla- 
tion des pays interesses, et s'il a cet effet: que le controle du navire 
et le benefice de son emploi ne restent pas entre les memes mains 
qu'avant le transfert. Toutefois, si le navire a perdu la nationalite 
belligerante moins de soixante jours avant l'ouverture des hostilites, 
ti -i Facte de transfert ne se trouve pas a bord. la saisie du navire 
ne pourra dormer lieu a des dommages et interets. — Institut. 1913. 

57. The transfer of a vessel from one flag to another is valid when 
completed previous to the outbreak of war in which the State of the 
vendor is a belligerent, provided the transfer is made in accordance 
with the laws of the State of the vendor and the State of the 
vendee.— U. S. Ins. 1917. 

109. Le transfert sous pavilion neutre d'un navire ennemi, effectue 
avant l'ouverture des hostilites, est valable a moins qu'il ne soit 
etabli que ce transfert a ete effectue en vue d'eluder les consequences 
qu'entraine le caractere de navire ennemi. II y a neanmoins pre- 
somption de nullite si Facte de transfert ne se trouve pas a bord, alors 
que le navire a perdu la nationalite belligerante moins de soixante 
jours avant l'ouverture des hostilites; la preuve contraire est ad- 
mise. — Fr. Ins. 1912. 

110. II y a presomption absolue de validite d'un transfert ef- 
fectue plus de trente jours avant l'ouverture des hostilites, s'il est 
complet, absolu, conforme a la legislation des pays interesses et s'il 
a cet effet que le controle du navire et le benefice de son emploi 
ne restent pas entre les memes mains qu'avant le transfert. Toutefois, 
si le navire a perdu la nationalite belligerante moins de soixante 
jours avant l'ouverture des hostilites et si Facte de transfert ne se 
trouve pas a bord, la saisie du navire ne pourra donner lieu a des 
dommages et interets. — Fr. Ins. 1912. 

13. When the transfer to a neutral flag has taken place within 
30 days before the outbreak of war the ship is to be treated as 
hostile, provided — 

(a) The legal requirements necessary to the validity of the trans- 
fer have not been fulfilled so that an actually valid transfer to the 
neutral flag has not taken place. 



TRANSFER OF FLAG 115 

(b) Or there is good reason to believe that it can be proved be- 
fore the prize court that the transfer took place to relieve the ship 
of the consequences of her character as an enemy ship, so especially 
when the ship after the transfer is further employed on the same 
route as before. 

(c) Or the transfer document is not on board, unless sufficient 
evidence is shown that the transfer would also have taken place 
without war; the seizure of the ship in such a case gives rise to no 
claim for damages. — Ger. O. 1909. 

14. When the transfer to a neutral flag took place earlier than 30 
days before the outbreak of hostilities the ship is to be treated as 
hostile only when — 

(a) The transfer took place later than 60 days before the outbreak 
of hostilities. 

(b) The transfer is only conditional or incomplete or not in con- 
formity with the legal requirements of the participant countries, or 
the result is that the control of the ship or the earnings from her 
employment remain in the same hands as before. 

(c) Grounds exist for the belief that it can be proved before the 
prize court that the transfer was effected in order to relieve the ship 
of the consequences of her character as an enemy ship. 

This especially may be taken for granted when the transfer docu- 
ment is not found on board; the bringing in of the ship in such 
case never gives rise to a claim for damages. — Ger. O. 1909. 

Art. 22. The transfer of an enemy vessel to a neutral flag, effected 
before the opening of hostilities, is valid, unless it is proved that 
such transfer was made in order to evade the consequences which the 
enemy character of the vessel would involve. There is, however, 
a presumption that the transfer is void if the bill of sale is not on 
board in case the vessel has lost her belligerent nationality less than 
GO days before the opening of hostilities. Proof to the contrary is 
admitted. There is absolute presumption of the validity of a trans- 
fer effected more than 30 days before the opening of hostilities 
if it is absolute, complete, conforms to the laws of the countries 
concerned, and if its effect is such that the control of the vessel 
and the profits of her employment do not remain in the same hands 
as before the transfer. If, however, the vessel lost her belligerent 
nationality less than 60 days before the opening of hostilities, and if 
the bill of sale is not on board, the capture of the vessel would 
not give a right to compensation. — Jap. Keg. 1914. 

During war. 

Art. 56. The transfer of an enemy vessel to a neutral flag, 
effected after the opening of hostilities, is void unless it is proved 



116 REGULATION OF MARITIME WARFARE 



i hat such transfer was not made in order to evade the consequences 
which the enemy character of the vessel would involve. 

There is, however, absolute presumption that a transfer is void: 

(1) If the transfer has been made during a voyage or in a block- 
aded port. 

(2) If there is a right of redemption or of revision. 

(3) If the requirements upon which the right to fly the flag 
depends according to the laws of the country of the flag hoisted 
have not been observed. — D. of L. 1909. 

Art. 52. Le transfert sous pavilion neutre d'un navire ennemi, 
effectue apres l'ouverture des hostilites, est nul, a moins qu'il soit 
etabli que ce transfert n'a pas ete effectue en vue d'eluder les conse- 
quences qu'entraine le caractere de navire ennemi. Toutefois, il y 
a presomption absolue de nullite : 1. Si le transfert a ete effectue pen- 
dant que le navire est en voyage- ou dans un port bloque. 2. S'il y a 
faculte de remere ou de retour. 3. Si les conditions auxquelles est 
soumis le droit de pavilion d'apres la legislation du pavilion arbore, 
n'ont pas ete observees. — Institut, 1913. 

58. The transfer of a private vessel of a belligerent to a neutral 
flag during war is valid if in accordance with the laws of the State 
of the vendor and of the vendee, provided that it is made in good faith 
and is accompanied by a payment sufficient in amount to leave no 
doubt of good faith ; that it is absolute and unconditional, with a com- 
plete divestiture of title by the vendor, with no continued interest, 
direct or indirect, of the vendor, and with no right of repurchase 
by him ; and that the ship does not remain in her old employment. — 
U. S. Ins. 1917. 

112. Le transfert sous pavilion neutre d'un navire ennemi, effectue 
apres l'ouverture des hostilites, est nul, a moins qu'il ne soit etabli 
que ce transfert n'a pas ete effectue en vue d'eluder les consequences 
qu'entraine le caractere de navire ennemi, par example par suite 
d'heritage. 

113. Toutefois il y a presomption absolue de nullite : 

1. Si le transfert a ete effectue pendant que le navire est en voyage 
ou dans un port bloque. 

2. S'il y a faculte de remere ou de retour. 

3. Si les conditions auxquelles est soumis le droit de pavilion, 
d'apres la legislation du pavilion arbore, n'ont pas ete observees. — 
Fr. Ins. 1912. 

12. As enemy ships, are further to be treated those which after 
the beginning of hostilities have been transferred from a hostile 
to a neutral flag, provided — 

(a) Either the captain is not convinced that the transfer would 
have been made had there been no outbreak of war, as, for instance, 
in case of inheritance, or building contract. 



TBANSFER OF FLAG 117 

(b) Or the transfer is effected while the ship was in passage or 
in a blockaded port. 

(c) Or a repurchase or return agreement is reserved. 

(d) Or the conditions are not fulfilled upon which the right to 
carry the flag depends, according to the legal requirements of the 
State concerned. — Ger. O. 1909. 

24. A ship which has been transferred from an enemy to a neutral 
flag since the outbreak of war is to be treated as an enenty vessel, 
unless the commanding officer is convinced that the transfer would 
have been made even had the war not broken out; for example, in 
the way of inheritance. In other respects, where a transfer of flag 
is in question the provisions of Prize Regulations Nos. 10-15 are 
to be applied. Former German ships, condemned as prizes in an 
enemy country and afterwards sold to neutrals, are liable to cap- 
ture, as the transfer of flag took place after the outbreak of war. 
These ships, if possible, should be brought into port. If this is 
impossible, they must be destroyed. — Ger. P. C. 1916. 

7. The nationality of a vessel is determined according to the laws 
of the nation under whose flag it sails or to whose navy it claims 
to belong. Merchant vessels acquired from a hostile power or its 
subjects by persons of neutral nationality are acknowledged to be 
hostile vessels unless it is proven that the acquisition must be con- 
sidered, according to the laws of the nation to whom the purchasers 
belong, as having actually taken place before the purchasers re- 
ceived news of the declaration of war, or that the vessels acquired 
in the manner mentioned, although after the receipt of such news, 
were acquired quite conscientiously and not for the purpose of cover- 
ing hostile property. — Rus. Reg. 1895. 

Art. 23. The transfer of an enemy vessel to a neutral flag, effected 
after the opening of hostilities, is void unless it is proved that such 
transfer was not made in order to evade the consequences which the 
enemy character of the vessel would involve. There is, however, 
absolute presumption that a transfer is void — 

1. If the transfer has been made during a voyage or in a blockaded 
port. 

2. If there is a right of redemption or of reversion. 

3. If the requirements upon which the right to fly the flag de- 
pends according to the laws of the country of the flag hoisted have 
not been observed. — Jap. Reg. 1914. 

Following capture. 

114. Ces regies ne sont, bien entendu, pas applicable lorsque la 
vente du navire ennemi a un sujet neutre a ete effectuee par les 
autorites franchises, a la suite d'une prise. — Fr. Ins. 1912. 



118 REGULATION OF MARITIME WARFARE 

Liability of vessel. 

111. Si, d'apres ces considerations, vous estimez suffisante la pre- 
somption de nullite de l'acte de transfert, vous capturerez le navire 
suspect. — Fr. Ins. 1912. 

SUBMARINES 

Regulation in commercial war. 

41. Submarines are to be guided in the first instance by the special 
order which they receive. If they are waging war on commerce in 
accordance with the Prize Regulations, they are to observe the fore- 
going articles, except where articles 42 and 43 below permit a (lif- 
erent procedure to submarines. — Ger. P. C. 1916. 

Visit and search by. 

42. When holding up a ship, submarines, instead of firing blank 
rounds, may at once fire live shells across her bows, as it is generally 
impossible to distinguish blank rounds at any great distance. 

P. O. 81. Submarines have the right to order the ship's papers of 
any vessel held up to be brought alongside in a boat. Prize regulation 
No. 81 no longer applies in the case of submarines. — Ger. P. C. 1916. 

Destruction of enemy vessel. 

43. Holding up, examination, etc. — (a) P. O. 112. If it is 
established without doubt that the ship held up is an enemy vessel 
anr! can not be brought in, a search of the ship is unnecessary. She 
can simply be informed by signal that within a reasonable time the 
crew must abandon her with the papers. After being abandoned, the 
ship is to be sunk. When the commanding officer has satisfied him- 
self that his order has been understood but nevertheless the crew have 
not obeyed it, he will compel them to do so by using force. 

P. O. 123. If possible, the ship's papers and cargo papers should 
afterwards be secured. — Ger. P. C. 1916. 
Destruction of neutral vessel. 

43. (b) In the case of a neutral ship the ship's papers and cargo 
papers should be examined after they have been brought alongside 
before any further action is taken. If the commanding officer is 
satisfied that his order to bring the ship's papers and cargo papers 
alongside has been understood, but it is not complied with by the 
neutral ship, he is justified in threatening to use force. 

If the neutral ship still fails to obey, she is to be treated as an 
enemy vessel which has offered active resistance, provided that the 
commanding officer has satisfied himself that the refusal to obey 
orders can not be due to a misunderstanding. 

Note. — Instances have occurred where, after holding up a ship, the sub- 
marine has dived in order to approach nearer to her, submerged, and the ship 



PRIVATEERS 119 

has resumed her voyage because she concluded from the disappearance of the 
submarine that she herself had been released. In such cases, it should only 
be regarded as an attempt to escape if the Commanding Officer has informed 
the ship of his intention. The fact of the ship proceeding can never be re- 
garded as active resistance. 

— Ger. P. C. 1916. 



PRIVATEERS 

Privateering. 

(1) Privateering is and remains abolished. — D. of P. 1856. 

Art. 12. Course, navires prives, navires publics ne constituant pas 
des navires de guerre. — La course est interdite. 

En dehors des conditions determinees aux articles 3 et suivants, 
les navires publics et les navires prives ainsi que leur personnel, ne 
peuvent pas se livrer a des actes d'hostilite contre l'ennemi. 

II est toutefois permis aux uns et aux autres d'employer la force 
pour se defendre contre l'attaque d'un navire ennemi. — Institut, 1913. 

117. Capture des corsaires ou des pirates. — En cas de prise d'un 
corsair regulierement pourvu de lettres de marque par un Gouverne- 
ment n'ayant pas adhere a la Declaration de Paris, vous procederez 
de la meme maniere. Le capitaine, les officiers et l'equipage de ce 
corsaire seront traites comme il est dit au paragraphe 146 pour les 
batiments de guerre. 

Le capitaine, les officers et l'equipage de tout navire arme en 
course par un Gouvernement signataire de la Declaration de 1856, 
etant passibles des peines prevues pour le crime de piraterie, devront 
etre considered non comme prisonniers de guerre, mais comme 
detenus, et remis aux autorites franchises les plus proches pour 
etre poursuivis conformement aux lois de la Republique. — Fr. Ins. 
1912. 

Art. IV. The Spanish Government, while maintaining their right 
to issue letters of marque, which they expressly reserved in their 
note of May 16, 1857, in reply to the request of France for the 
adhesion of Spain to the declaration of Paris relative to maritime 
law, will organize for the present a service of " auxiliary cruisers of 
the navy," composed of ships of the Spanish mercantile navy, which 
will cooperate with the latter for the purpose of cruising, and which 
will be subject to the statutes and jurisdiction of the navy. — Spain, 
Dec, 1898. 

Treated as pirates. 

Art. VII. Captains, commanders, and officers of non- American 

vessels or of vessels manned as to one-third by other than American 

citizens, captured while committing acts of war against Spain, will 

be treated as pirates, with all the rigor of the law, although pro- 

6888—26 9 



120 REGULATION OF MARITIME WARFARE 

vided with a license issued by the Republic of the United States. — 
Spain, Dec, 1898. 

CONVERSION 

State control. 

Art. 1. A merchant ship converted into a warship can not have 
the rights and duties securing to such vessels unless it is placed under 
the direct authority, immediate control, and responsibility of the 
power whose flag it flies. — VII, H. C. 1907. 

Art. 3. Transformation des navires publics et prives et bdtiments 
de guerre. — Aucun navire transforme en batiment de guerre ne peut 
avoir les droits et les obligations attaches a cette qualite, s'il n'est 
place sous l'autorite directe, le controle immediat et la responsa- 
bilite de la puissance dont il porte le pavilion. — Institut, 1913. 

Distinguishing marks. 

Art. 2. Merchant ships converted into warships must bear the 
external marks which distinguish the warships of their nationality. — 
VII, H. C. 1907. 

Art. 4. Les navires transformed en batiments de guerre doivent 
porter les signes exterieurs distinctifs des batiments de guerre de 
leur nationality. — Institut, 1913. 
Command. 

Art. 3. The commander must be in the service of the State and 
duly commissioned by the competent authorities. His name must 
figure on the list of the officers of the fighting fleet. — VII, H. C. 
1907. 

Art. 5. Le commandant doit etre au service de L'Etat et dument 
commissionne par les autorites competentes; son nom doit figurer 
sur la liste des officiers de la flotte militaire. — Institut, 1913. 

Art. 4. The crew must be subject to military discipline. — VII, 
H. C. 1907. 

Art. 6. L'equipage doit etre soumis aux regies de la discipline 
militaire. — Institut, 1913. 
Observance of law of war. 

Art. 5. Every merchant ship converted into a warship must ob- 
serve in its operations the laws and customs of war. — VII, H. C. 
1907. 

Art. 7. Tout navire transforme en batiment de guerre est tenu 
d'observer dans ses operations les lois et coutumes de la guerre. — 
Institut, 1913. 

Notification. 

Art. 6. A belligerent who converts a merchant ship into a war- 
ship must, as soon as possible, announce such conversion in the list 
of warships.— VII, H. C. 1907. 



CONVOY 121 

Art. 8. Le belligerant qui transforme un navire en batiment de 
guerre doit, le plus tot possible, mentionner cette transformation sur 
la liste des batiments de sa flotte militaire. — Institut, 1913. 

Place. 

Art. 9. La transformation d'un navire en batiment de guerre ne 
peut etre faite par un belligerant que dans ses propres eaux, dans 
celles d'un Etat allie egalement belligerant, dans celles de Fadversaire, 
ou enfin dans celles d'un territoire occupe par les troupes de l'un de 
ces Etats. — Institut, 1913. 

Status. 

Art. 112. The conversion into a man-of-war is connected with the 
requirements of Convention VII, second Hague Conference. — Ger. 
O. 1909. 

Art. 15. With regard to conversion of merchant ships into men- 
of-war, the provisions of the treaty No. 7 of 1912, a treaty re- 
lating to conversion of merchant ships into men-of-war shall be fol- 
lowed. — Jap. Keg. 1914. 

Note. — The treaty referred to is Convention VII, Hague, 1907. 

Conversion of war vessel. 

Art. 10. Transformation des batiments de guerre en navires 
publics ou prives. — Un batiment de guerre ne peut, tant que durent 
les hostilites, etre transforme en navire public ou en navire prive. — 
Institut, 1913. 

CONVOY 

Suspected vessel. 

Art. 98. If the commanding officer of the Japanese man-of-war 
has reason to suspect that the confidence of the commander of the 
convoy has been abused, the Japanese commanding officer shall 
communicate his suspicions to the commander of the convoy. In 
this case it is for the commander of the convoy alone to conduct an 
investigation. However, if the commander of the convoy requests 
the assistance of the commanding officer of the Japanese man-of-war, 
the latter may dispatch an officer under him as a witness. The result 
of such investigation will be stated in a report by the convoying ship, 
of which a copy is to be furnished to the officer of the Japanese man- 
of-war. — Jap. Reg. 1914. 

Suspected vessel, capture. 

Art. 99. If in the opinion of the commander of the convoy there 
are facts which justify the capture of one or more vessels, and if the 
protection of the convoy has been withdrawn from such, the com- 
manding officer of the Japanese man-of-war shall capture it or 
them. — Jap. Reg. 1914. 



122 REGULATION OF MARITIME WARFARE 

Objection of commanding officer. 

Art. 100. If the commanding officer of the Japanese man-of-war 
does not agree with the opinion of the commander of the convoy with 
regard to vessels under convoy of neutral ships of war, the Japanese 
commanding officer shall send an objection to the commander of the 
convoy and shall immediately report the same to the Minister of 
the Navy. — Jap. Reg. 1914. 

Exemption from visit and search. 

Art. 97. Neutral vessels under convoy of their national flag are 
exempt from search if the commander of the convoy, by request of 
the commanding officer of a Japanese man-of-war who wants to visit 
the vessels, gives in writing all information as to the character of the 
vessels and their cargoes, which could be obtained by visit and 
search. — Jap. Reg. 1914. 

Neutral. 

Art. 61. Neutral vessels under convoy of their national flag are 
exempt from search. The commander of a convoy gives, in writing, 
at the request of the commander of a belligerent ship of war, all 
information as to the character of the vessels and their cargoes, 
which could be obtained by visit and search. — D. of L. 1909. 

Art. 62. If the commander of the belligerent ship of war has rea- 
son to suspect that the confidence of the commander of the convoy 
has been abused, he communicates his suspicions to him. In such a 
case it is for the commander of the convoy alone to conduct an inves- 
tigation. He must state the result of such investigation in a report, 
of which a copy is furnished to the officer of the ship of war. If, in 
the opinion of the commander of the convoy, the facts thus stated 
justify the capture of one or more vessels, the protection of the 
convoy must be withdrawn from such vessels. — D. of L. 1909. 

51. Neutral vessels under convoy of vessels of war of their own 
nationality are exempt from search. The commander of the convoy 
gives orally or in writing, at the request of the commander of a 
belligerent ship of war, all information regarding the vessels and 
their cargoes which could be obtained by visit and search. — U. S. 
Ins. 1915. 

87. Les navires neutres sous convoi de leur pavilion sont, en 
principe, exempts de visite. Toutefois vous agirez a leur egard 
comme il est dit a Particle suivant. — Fr. Ins. 1912. 

18. No visit shall be made on board of vessels under the convoy of 
the warships of neutral countries. But upon the request of the 
captain of the warship, the captain of the neutral warship acting as 
convoy shall give a detailed statement regarding the nature of the 
vessel under his convoy, the cargoes on board and its destination 
and also produce a conclusive proof that the vessel is not of sus- 



CONVOY 1 23 

picious character under any of the circumstances as provided under 
article 11.— China, Keg. 1917. 

Neutral, suspected vessel. 

52. If the commander of the United States vessel has reason to 
suspect that the commander of the convoy has been deceived regard- 
ing the innocent character of any of the vessels (and their cargoes 
or voyages) under his convoy, the former officer shall impart his 
suspicions to the latter. In such a case it is to be expected that the 
commander of the convoy will undertake an examination to estab- 
lish the facts. The commander of the convoy alone can conduct 
this investigation; the officers of the United States visiting vessel 
can take no part therein. — U. S. Ins. 1917. 

53. The commander of the convoy may be expected to report the 
result of his investigation to the commander of the United States 
vessel. Should that result confirm the latter's suspicions, the former 
may further be expected to withdraw his protection from the sus- 
pected vessel; whereupon she shall be made a prize by the com- 
mander of the United States vessel — U. S. Ins. 1917. 

104. Si vous avez lieu de soupgonner que la religion du comman- 
dant du convoi a ete surprise, vous lui communiquerez vos soup^ons. 
C'est. au commandant du convoi seul qu'il appartient, en ce cas, de 
proceder a une verification. Vous pourrez cependant accepter l'offre 
qu'il vous ferait d'assister a cette verification. II devra constater 
le resultat de cette visite par un proces-verbal dont une copie sera 
remise a l'un de vos officiers. Si des faits ainsi constates justifiaient, 
dans l'opinion du commandant du convoi, la saisie d'un ou de 
plusieurs navires, la protection du convoi devrait leur etre retiree, 
et vous procederiez a cette saisie. — Fr. Ins. 1912. 

Neutral, statement of commander. 

103. Convoi. — En ce qui concerne les navires sous convoi, le com- 
mandant du convoi vous donnera par ecrit, a votre demande, sur le 
caractere des navires convoyes et sur leur chargement, toutes infor- 
mations que la visite servirait a obtenir. — Fr. Ins. 1912. 

6. Neutral ships under convoy of their man-of-war flag are 
exempt from visit and search. The commander of the convoy has 
to give the captain in writing at his request, concerning the char- 
acter of the ship or her cargo, any information which could be 
ascertained by searching. If the captain has reason to believe that 
the commander of the convoy has been deceived, he will inform him 
of his reasons for his suspicion. In such case it is the duty of the 
commander of the convoy alone to have an investigation. He must 
state the results of the investigation in a protocol of which a copy 
is to be given to the officer of the belligerent ship. Should the ascer- 
tained facts in the opinion of the commander of the convoy justify 



124 REGULATION OF MARITIME WARFARE 

the seizure of one or more ships, the protection of the convoy must 
be withdrawn from them. Should on the other hand the com- 
mander of the convoy believe that he may still answer for the inno- 
cence of the convoyed ships, the captain may only enter a protest 
against this decision; he will then report the case to the admiralty 
staff, for settlement through diplomatic channels. It rests with the 
commander of the convoy whether or not to permit a representa- 
tive of the captain to take part in the investigation. — Ger. O. 1909. 

Neutral, protest. 

105. Si des divergences s'elevent entre vous et le commandant du 
convoi, notamment a propos de la contrabande, vous pourrez seule- 
ment lui adresser une protestation ecrite. Vous m'en rendrez compte 
immediatement, et la difficulte sera reglee par voie diplomatique. — 
Fr. Ins. 1912. 

Neutral, declaration. 

10. Neutral vessels convoyed by a ship of war shall be exempt from 
visit provided that the commander of the convoy declares in writing 
the character and cargo of the convoyed vessel in such a manner as 
will enable all information to be available which could be obtained 
by exercising the right of visit. If the naval officers in command 
have reason to think that the good faith of the commanding officer 
of the escort has been imposed upon, they will communicate to him 
their suspicion, so that he may on his own account make the necessary 
verifications and issue a written report. — Italy, Dec. 1915. 

11. Merchant vessels sailing under convoy, under charge of one or 
more ships of the navy of their nation, are absolutely exempt from 
the visit of the belligerents, being protected by the immunity enjoyed 
by the war ships. As the formation of a convoy is a measure em- 
anating from the government of the State to which belong the 
vessels protecting the convoy, as well as the vessels under convoy, 
it must be taken as certain that the government in question not only 
will not allow fraud of any kind, but has employed the strictest 
measures to avoid fraud being committed by any of the vessels under 
the convoy. It is therefore useless for the belligerent to inquire of 
the chief officer of the convoy whether he guarantees the neutrality 
of the ships sailing under his charge, or of the cargo they carry. — 
Spain, Ins. 1898. 

6. In time of war at sea merchant vessels (acknowledged to be 
which are all vessels not belonging to the " war " navy) may be 
subjected to stoppage and examination for the purpose of acertain- 
ing their nationality and whether they are observing neutrality. 
Merchant vessels sailing under military convoy of an allied or 
neutral power are not subjected to examination, provided the com- 



CONVOY 125 

mander of the convoy furnishes a certificate as to the number of 
vessels being convoyed, their nationality, and the destination of 
the cargoes, and also as to the fact that there is no contraband of 
war on the vessels. The stoppage and examination of these vessels 
is permitted only in the following cases : 

(1) When the commander of the convoy refuses to give the certificate 
mentioned; (2) when he declares that one or another vessel does not belong 
to the number of those sailing under his convoy, and (3) when it becomes 
evident that a vessel being convoyed is preparing to commit an act constitut- 
ing a breach of neutrality. 

— Kus. Reg. 1895. 

Art. XXXIII. A neutral vessel under convoy of a war vessel 
of her country shall not be visited nor searched if the commanding 
officer of the convoying war vessel presents a declaration signed by 
himself stating that there is on board the vessel no person, document, 
or goods that are contraband of war, and that all the ship's papers 
are perfect, and stating also the last port which the vessels left and 
her destination. In case of grave suspicion, however, this rule does 
not apply. — Jap. Reg. 1904. 

Enemy. 

54. Any vessel under convoy of a vessel of war of an enemy is 
liable to capture. — U. S. Ins. 1917. 

106. Le fait, pour un neutre, de se faire convoyer par un bati- 
ment de guerre ennemi, c'est-a-dire se placer sous sa protection, le 
rend suspect et f orclos du droit de se plaindre s'il est atteint d'avaries 
ou meme detruit dans le combat. — Fr. Ins. 1912. 

107. Le fait, par un navire de commerce ennemi, de se faire con- 
voyer par un batiment de guerre ennemi l'expose a toutes vos at- 
tiques, directes et indirectes. — Fr. Ins. 1912. 

Art. XLIX. Vessels voyaging under convoy of the enemy's men- 
of-war, and all goods belonging to the owners of such vessels, shall 
be forfeited. — Jap. Reg. 1904. 

47. The vessel and cargo under the convoy of enemy flag are liable 
to condemnation. — China, Reg. 1917. 

Art. 101. Vessels under convoy of the enemy flag are liable to 
capture. Vessels coming under the preceding paragraph may be 
attacked and destroyed according to necessity. — Jap. Reg. 1914. 

Enemy, liability of property. 

Art. 102. Vessels voyaging under convoy of the enemy flag and 
their cargoes are liable to condemnation. — Jap. Reg. 1914. 



126 REGULATION OF MARITIME WARFARE 

BLOCKADE 

Definition. 

10. "Blockade" means the effective prohibition of communica- 
tion of an enemy port with the outside world by a fleet or squadron 
of ships having the adequate force to enforce the same. "To run 
blockade" means the attempt of vessels to get through the block- 
aded zone, for which a notice has already been issued. — China, Reg. 
1917. 

Declaration and notification. 

Art. 8. A blockade, in order to be binding, must be declared in 
accordance with article 9, and notified in accordance with articles 11 
and 16.— D. of L. 1909. 

Art. 12. The rules relative to the declaration and to the notifica- 
tion of blockade are applicable in the case in which the blockade 
may have been extended, or may have been reestablished after hav- 
ing been raised. — D. of L. 1909. 

67. Le blocus, pour etre obligatoire, doit etre declare conforme- 
ment au paragraphe 68 et notifie conformement aux paragraphes 
69 et 77.— Fr. Ins. 1912. 

64. The declaration and publication of the blockade are made 
according to 65 and 71, 74 and 75.— Ger. O. 1909. 

Art. 38. A blockade, in order to be binding, must be proclaimed 
in accordance with article 39 and notified in accordance with articles 
40 and 45.— Jap. Reg. 1914. 

Art. 9. A declaration of blockade is made either by the blockading 
power or by the naval authorities acting in its name. 

It specifies — 

(1) The date when the blockade begins; 

(2) The geographical limits of the coast blockaded; 

(3) The delay to be allowed to neutral vessels for departure. — 
D. of L. 1909. 

68. Si, en l'absence d'une declaration de blocus faite par le Gou- 
vernement lui-meme, vous etes appele a etablir un blocus de votre 
propre initiative, vous devez prealablement faire une declaration 
precisant: 1. La date du commencement du blocus; 2. Les limites 
geographiques du littoral bloque, expressement designees en latitude 
et longitude; 3. Le delai de sortie a accorder aux navires neutres. — 
Fr. Ins. 1912. 

Art. XXII. When a blockade is instituted the commanding officer 
of the squadron or man-of-war shall issue a declaration of blockade 
by filling out Form I with the area of blockade and the date of the 
declaration. — Jap. Reg. 1904. 

65. The blockade declaration is issued either by the Government 
of the blockading power or by the naval commander. . 



BLOCKADE 127 



It must contain: — 



(a) The day of beginning of the blockade; 

( 6 ) The exact geographical limits of the blockaded coast ; 

(c) The period of time which will be allowed the neutral ships, and which 
must be at least sufficient for them to leave the port. 

— Ger. O. 1909. 

Art. 39. With regard to proclamation of a blockade when it is not 
made by the Imperial Government, it may be made by the com- 
mander of a squadron. 

Proclamation of a blockade shall be made in Form No. 1 and shall 
contain the following items : — 

1. The date when the blockade begins. 

2. The geographical limits of the coast blockaded. 

3. The delay to be allowed to neutral vessels for departure. 

—Jap. Reg. 1914. 

66. When the blockade was begun later, or has less wide extent 
than is stated in the blockade declaration, the declaration is void and 
therewith the whole blockade legally not binding. In such case the 
issue of a new declaration is necessary, in order to make the blockade 
legally effective at least for the future. If the blockade began 
earlier or extended wider than stated in the blockade declaration the 
blockade is legally binding only from the time and coastal extent 
which were indicated in the blockade declaration. If the declara- 
tion omits to state the period for leaving port, a neutral ship has 
the right of free passage outward from a blockaded port, unless she 
has previously, with knowledge of the blockade, broken it by enter- 
ing. The naval commander can supply any data lacking at any time 
by publishing and communicating a supplementary declaration to 
the local competent authorities. — Ger. O. 1909. 

Art. 10. If the blockading power, or the naval authorities acting 
in its name, do not establish the blockade in conformitv with the 
provisions, which, in accordance with article 9 (1) and (2), must 
be inserted in the declaration of blockade, the declaration is void, and 
a new declaration is necessary in order to make the blockade opera- 
tive.— D. of L. 1909. 

79. It is not a violation of blockade by entry when the ship is 
actually on the way to an open port, even when the ship intends to 
proceed thence to a blockaded port or her cargo will be forwarded to 
such a port.— Ger. O. 1909. 

Art. 53. Whatever may be the ulterior destination of the vessel 
or of her cargo, she is not liable to capture as a blockade breaker if 
she is at the time bound toward an unblockaded port. — Jap. Reg. 
1914. 

4. If a ship is shaping its course toward a blockaded zone in 
ignorance of the existence of the blockade, she shall be notified of it 

6888—26 10 



128 REGULATION OF MARITIME WARFARE 

by one of the blockading vessels, entry to that effect, being made, if 
possible, in her log. Ignorance of the existence of blockade is as- 
sumed when this has been declared after the ship left its last port of 
call.— Italy, P. K. 1915. 

Art. 11. A declaration of blockade is notified — 

(1) To the neutral powers, by the blockading power by means of a com- 
munication addressed to the Governments themselves, or to their representa- 
tives accredited to it; 

(2) To the local authorities, by the officer commanding the blockading force. 
These authorities will, on their part, inform, as soon as possible, the foreign 
consuls who exercise their functions in the port or on the coast blockaded. 

— D. of L. 1909. 
Par. 4. The existence of a blockade shall be presumed to be 
known — 

(a) To all ships which sailed from or touched at an enemy port a sufficient 
time after the notification of the blockade to the local authorities to have 
enabled the enemy Government to make known the existence of the blockade; 

(6) To all ships which sailed from or touched at a British or allied port 
after the publication of the declaration of blockade. 

—Br. O. in C, August 20, 1914. 
4. The existence of a blockade shall be presumed to be known : 

(a) To all vessels which have left a hostile port or have entered such a 
port during such a period following the notification of the local authorities of 
the blockade as may appear sufficient in order that the hostile Government 
may make it known. 

(&) To all vessels which have left a Russian or allied port or have entered 
such a port after the publication of the declaration of the blockade. 

— Kus. Dec. Sept. 1, 1914. 

69. Dans tous les cas, l'etablissement d'un blocus devra egale- 
ment faire Fob jet d'une notification formelle aux autorites des points 
bloques. Cette notification, dont vous trouverez le modele a l'Annexe 
III, sera envoyee a ces autorites, en meme temps qu'au consul de 
l'une des Puissances neutres, au moyen d'un parlementaire. — Fr. Ins. 
1912. 

70. Le cas echeant, vous feriez connaitre, par la voie la plus rapide, 
toute disposition prise de votre propre initiative pour l'etablissement 
d'un blocus, afin de me permettre de completer, dans le plus bref 
delai, votre notification aux autorites locales par une notification 
aux Puissances neutres par la voie diplomatique. — Fr. Ins. 1912. 

57. Upon declaring a blockade, the naval commander must report 
as soon as possible to his superior and besides directly to the chief 
of the admiralty staff of the navy. He must take all possible steps 
to make the fact of blockade known generally as quickly as pos- 
sible.— Ger. O. 1909. 

67. The blockade declaration is to be made known: 



BLOCKADE 129 

(a) To neutral powers by the government of the blockading power 
through diplomatic channels. The neutral powers have to provide 
for making the blockade known within their borders, especially in 
their ports. 

(b) To the local competent authorities through the commander of 
the blockading force. These must on their parts as soon as possible 
communicate the declaration to the foreign consuls of the blockaded 
ports or coasts for the information of the citizens of the neutral 
countries and the ships there. 

The communication can be made in any way, so far as it is made 
certain it reaches the hands of the local competent authorities. It is 
sufficient in any case to inform the port authorities. — Ger. O. 1909. 

68. If on account of the omission of the commander of the block- 
ading force the information has not been given to the port authori- 
ties, a neutral ship has the right of free passage out of a blockaded 
port, unless it has, with previous knowledge of the blockade, broken 
it by entering. The naval commander may make up for the noti- 
fication in question at any time.— Ger. O. 1909. 

Art. XXIV. When the commanding officer of a squadron or a 
man-of-war declares a blockade, he shall take the following steps : 

1. He shall report the declaration of the blockade to the minister 
of the navy. 

2. He shall report the declaration of the blockade to every Japa- 
nese minister residing in the countries near the blockaded area, and 
shall request him to inform the Government of the country and 
all the foreign ministers and consuls residing in the country to which 
he is accredited of the establishment of the blockade. 

3. He shall communicate the declaration of the blockade to all 
the foreign consuls residing in neutral districts in the neighborhood 
of the blockaded area, and shall take any other measures necessary 
to make known the fact of the blockade. 

4. He shall inform as far as possible, by means of a flag of truce, 
the proper officers and consuls of neutral countries residing within 
the blockaded area, of the declaration of the blockade. — Jap. Reg. 
1904. 

Art. 40. When a squadron commander has proclaimed a block- 
ade, he shall immediately take the following steps : 

1. He shall report to the Minister of the Navy by the quickest 
method the declaration of blockade and all the measures taken in 
regard to the establishment of the blockade. 

2. He shall notify the proper authorities of the blockaded coast 
and at least one of the consuls of neutral States, if there are such 
consuls, of the proclamation of blockade, using the flag of truce, 
according to Form No. 2. If the enemy refuses to receive a mili- 
tary messenger's vessel or if there are circumstances which make 



130 REGULATION OF MARITIME WARFARE 

the use of such vessel impossible, the notification shall be sent as 
far as possible by any suitable means. — Jap. Keg. 1914. 

Art. 14. The liability of a neutral vessel to capture for breach 
of blockade is contingent on her knowledge, actual or presumptive, 
of the blockade.— D. of L. 1909. 

Art. 43. The liability of a neutral vessel to capture for breach 
of blockade is contingent on her knowledge, actual or presumptive, 
of the blockade. — Jap. Reg. 1914. 

Art. 15. Failing proof to the contrary, knowledge of the block- 
ade is presumed if the vessel left a neutral port subsequently to the 
notification of the blockade made in sufficient time to the power 
to which such port belongs. — D. of L. 1909. 

Art. 44. Failing proof to the contrary, knowledge of the block- 
ade is presumed if the vessel left a neutral port subsequently to 
the notification of the blockade made in sufficient time to the power 
to which such port belongs. Vessels which left enemy ports after 
lapse of a proper period from the time when the proper authorities 
of a blockaded district had been notified of blockade, or vessels 
which left Japanese ports or ports of an allied power after the 
proclamation had been published, are presumed to know of the fact 
of the blockade. — Jap. Reg. 1914. 

Art. 16. If a vessel which approaches a blockaded port does not 
know or can not be presumed to know of the blockade, the notifica- 
tion must be made to the vessel itself by an officer of one of the 
ships of the blockading force. This notification must be entered in 
the vessel's log book, with entry of the day and hour, as also of 
geographical position at the time. A neutral vessel which leaves a 
blockaded port must be allowed to pass free if, through the negli- 
gence of the officer commanding the blockading force, no declaration 
of blockade has been notified to the local authorities, or, if, in the 
declaration, as notified, no delay has been indicated. — D. of L. 1909. 

Art. 45. If a vessel which approaches a blockaded port does not 
know or can not be presumed to know of the blockade, the notifica- 
tion must be made to the vessel itself by an officer of one of the 
ships of the blockading force. The notification of the preceding 
paragraph must be entered in the vessel's log book in accordance with 
Form No. 3, with entry of the day and hour, as also of the geograph- 
ical position of the vessel at the time. — Jap. Reg. 1914. 

28. Neutral vessels are entitled to notification of a blockade be- 
fore they can be made prize for its attempted violation. The char- 
acter of this notification is not material. It may be actual, as by a 
vessel of the blockading force, or constructive, as by a proclamation 
or notice of the Government maintaining the blockade, or by com- 
mon notoriety. — U. S. Ins. 1917. 



BLOCKADE 131 

30. If a neutral vessel attempting to enter a blockaded port has 
had notice of the blockade in any way, she shall be captured and sent 
in for adjudication; but should formal notice not have been given, 
the rule of constructive knowledge arising from notoriety should 
be construed in a manner liberal to the neutral. Vessels appearing 
before a blockaded port, having sailed without notification, are 
entitled to actual notice by a blockading vessel. The boarding offi- 
cer shall enter in the log and the document fixing the vessel's nation- 
ality the fact of such notice, the extent of the blockade, the date, the 
geographical position, and the name of the blockading vessel, verified 
by his official signature; and shall furnish the master with copy of 
the blockade proclamation. The vessel is then to be set free. Should 
she again attempt to enter the same or any other blocked port as 
to which she has had notice, she is good prize. — U. S. Ins. 1917. 

77. Si le navire qui approche du port bloque n'a pas connu ou 
ne peut etre presume avoir connu 1 'existence du blocus, la notification 
doit etre faite au navire meme par un officier de l'un des batiments 
de la force bloquante. Cette notification doit etre portee sur le 
livre de bord avec indication de la date et de l'heure ainsi que de la 
position geographique du navire a ce moment. — Fr. Ins. 1912. 

69. To make the blockade legally binding according to 59, the 
notification under 67 (a), suffices for in-going ships; as long as this 
has not been done, the blockade declaration must be especially com- 
municated to each in-going ship, according to 74. For outgoing 
ships, the notification of 67 (b) is sufficient. — Ger. O. 1909. 

Notification, special, inward. 

74. Should a neutral ship approach a blockaded port without hav- 
ing knowledge of the existence of the blockade or when such knowl- 
edge can not be assumed, the declaration of blockade is to be commu- 
nicated to it by an officer of one of the blockading ships. He must 
enter in the ships log book the notification, under the date and hour 
and the ship's position. Therewith the blockade is legally binding 
for that ship, so far as declaration and notification come in question. 

The notification to the commander of the convoy is binding on all 
the convoyed ships. 

If a hostile ship is captured under these circumstances, there is 
no breach of blockade ; the neutral part of the cargo is therefore not 
confiscated.— Ger. O. 1909. 

Art. XXV. In case the master of a vessel receives warning direct 
from an imperial war vessel, or it is clear that he knows of the 
existence of the blockade from official or private information or from 
any other source, such master shall be considered to have received 
actual notice of the blockade. — Jap. Reg. 1904. 

Art. XXVI. In the following cases it shall be deemed that notice 
of the declaration of the blockade has been received : 



132 REGULATION OF MARITIME WARFARE 

1. The case in which the master of a vessel is considered to have 
received a notice of the blockade whether he has actually received it 
or not, such notice having been sent to the proper authorities of the 
country to which the vessel belongs, and there having elapsed a 
sufficient time for the authorities to notify the residents of their 
nationality. 

2. The case in which the "master of a vessel is considered to have 
ieceived a notice of the blockade, the fact of the blockade having 
been made public. — Jap. Reg. 1904. 

76. The knowledge of the blockade is, save proof of the contrary, 
presumed when the ship left a neutral port subsequent to the noti- 
fication, in due time, of the blockade to the power on which such 
port is dependent. The same will apply in the case of a ship that 
has left a French, allied or enemy port subsequently to the notifica- 
tion in due time to the power of which the ship bears the flag. — 
Fr. Ins. 1916. 

72. A ship can be seized for breach of blockade only when it had 
knowledge of the blockade, or such knowledge on its part can be 
assumed. — Ger. O. 1909. 

73. In judging whether the knowledge existed or not, are to be 
considered — 

(a) The progress and reach of the notification; (b) that the 
blockade declaration in German and allied ports will be published as 
soon as possible; (c) that the existence of the blockade will not be 
known immediately in the enemy ports. — Ger. O. 1909. 

Notification, special, outward. 

75. If the enemy has made it impossible for the commander of the 
blockading force to communicate the declaration to the competent 
local authorities, every neutral ship leaving a blockaded port is 
entitled to the special notification provided for under 74. If such 
is once given and the ship returns to the blockaded port, then all 
other vessels leaving this port will be assumed to have knowledge 
of the blockade.— Ger. O. 1909. 

Area. 

Art. 1. A blockade must be limited to the ports and coasts be- 
longing to or occupied by the enemy. — D. of L. 1909. 

Art. 30. Blocus. — Les ports et cotes de l'ennemi non occupes par 
lui peuvent etre soumis a un blocus conformement aux regies du 
droit international. — Institut, 1913. 

26. A blockade must be limited to the ports and coasts belonging 
to or occupied by the enemy ; must not bar access to neutral ports or 
coasts. A blockade, to be binding, must be effective. A blockade 
must be applied equally to the ships of all nations. — U. S. Ins. 1917. 

64. Le blocus doit etre limite aux ports et aux cotes de l'ennemi 
ou occupes par lui. — Fr. Ins. 1912. 



BLOCKADE 133 

65. Les forces bloquantes ne doivent pas barrer l'acces aux ports 
et aux cotes neutres. — Fr. Ins. 1912. 

58. The blockade must be limited to the coasts and harbors of the 
enemy or in his possession; the blockading force must not bar the 
passages to neutral ports and coasts. — Ger. O. 1909. 

Art. 34. A blockade must be limited to the ports and coasts be- 
longing to or occupied by the enemy. — Jap. Reg. 1914. 

Impartiality. 

Art. 5. A blockade must be applied impartially to the ships of 
all nations.— D. of L. 1909. 

61. The blockade is impartially administered when it is main- 
tained equally against the merchant shipping of all flags. — Ger. O. 
1909. 

Art. 37. A blockade must be applied impartially to the ships of 
all nations. — Jap. Reg. 1914. 

Effectiveness. 

(4) Blockades in order to be binding must be effective — that is to 
say, maintained by a force sufficient really to prevent access to the 
coast of the enemy. — D. of P. 1856. 

Art. 2. In accordance with the Declaration of Paris of 1856, a 
blockade, in order to be binding, must be effective — that is to say, 
it must be maintained by a force sufficient really to prevent access 
to the enemy coast. — D. of L. 1909. 

Art. 3. The question whether a blockade is effective is a question 
of fact.— D. of L. 1909. 

27. The blockade, to be effective and binding, must be maintained 
by a force sufficient to render ingress to or egress from the port 
dangerous. If the blockading vessels be driven away by stress of 
weather and return thereafter without delay to their station, the 
continuity of the blockade is not thereby broken. The blockade 
ceases to be effective if the blockading vessels are driven away by the 
enemy or if they voluntarily leave their stations, except for a reason 
connected with the blockade; as, for instance, the chase of a block- 
ade runner. As the suspension of a blockade is a serious matter, 
involving a new notification, commanding officers will exercise espe- 
cial care to preserve the continuity and effectiveness of the block- 
ade.— U. S. Ins. 1917. 

66. Conformement a la Declaration de Paris, le blocus pour etre 
obligatoire, doit etre effectif, c'est-a-dire maintenu par une force 
suffisante pour interdire reellement l'acces du littoral a l'ennemi. — Fr. 
Ins. 1912. 

59. To be legally binding, the blockade must be effective, impar- 
tially administered, and declared and made known in the manner 
prescribed. — Ger. O. 1909. 



134 REGULATION OF MARITIME WARFARE 

60. The blockade is effective when it is maintained by a force 
which is sufficient actually to prevent access to the hostile coast. The 
question whether a blockade according to the number and station of 
the blockading force with reference to the geographical situation be- 
fore it is actually effective is subject in every single case to test by 
prize court. It will be denied when, among other things, the sea 
traffic of a blockade port with any other not blockaded port can be 
maintained. — Ger. O. 1909. 

Art. 3. (c) A blockade to be binding must be effective ; that is to 
say, maintained with a sufficient force to actually prevent access to 
the enemy's coast. — Spain, Dec. 1898. 

Art. 35. In accordance with the Declaration of Paris of 1856, a 
blockade, in order to be binding, must be effective — that is to say, it 
must be maintained by force sufficient really to prevent access to the 
enemy coast. — Jap. Reg. 1914. 

Purpose. 

Art. XXI. Blockade is to close an enemy's port, bay, or coast 
with force, and is effective when the force is strong enough to 
threaten any vessels that attempt to go in or out of the blockaded 
port or bay or to approach the blockaded coast. Temporary evacua- 
tion of a blockaded area by a squadron or man-of-war on account of 
bad weather or to attain the object of the blockade does not inter- 
fere with the effectiveness of the blockade. — Jap. Reg. 1904. 

Suspension. 

Art. 4. A blockade is not regarded as raised if the blockading 
forces are temporarily driven off by bad weather. — D. of L. 1909. 

Art. 13. The voluntary raising of a blockade, as also any limita- 
tion which may be introduced, must be notified in the manner pre- 
scribed by article 11.— D. of L. 1909. 

Art. 42. The voluntary raising of a blockade, as also any limita- 
tion which may be introduced, must be reported and notified in the 
manner prescribed by article 40. — Jap. Reg. 1914. 

72. Le blocus n'est pas considere comme leve si, par suite de 
mauvais temps, les forces bloquantes se sont momentanement eloig- 
ners.— Fr. Ins. 1912. 

73. La levee volontaire du blocus, ainse que toute restriction qui 
y serait apportee, doit etre notifiee dans la raeme forme que ci- 
dessus. — Fr. Ins. 1912. 

71. If a blockade is voluntarily raised, or narrowed in its extent, 
this is to be made known as provided in 67. A blockade is not raised 
when the blockading force is temporarily withdrawn on account of 
heavy weather. — Ger. O. 1909. 

Art. XXXI. When a blockade is discontinued the commanding 
officer of the squadron or the man-of-war shall immediately report 



BLOCKADE 135 

it to the minister of the navy and shall take necessary steps to make 
it generally known. — Jap. Reg. 1904. 

Temporary raising. 

Art. 36. A blockade is not regarded as raised if the blockading 
forces are temporarily driven off by bad weather. — Jap. Reg. 1914. 

Notification of extension. 

71. II conviendra de remplir les meme formalites si le blocus 
vient a etre etendu a quelque nouveau point de la cote, ou est repris 
apres avoir ete leve. — Fr. Ins. 1912. 

70. Should a blockade be extended beyond its original limits, a 
new declaration must be issued and made known, covering the area 
over which the blockade has extended. When a blockade, after 
being raised, is again established, a new declaration and notification 
is necessary. — Ger. O. 1909. 

Art. XXIII. When enforcing a new blockade after former block- 
ade has lost its effectiveness, or when there is change in the area of 
blockade, a new declaration must be made according to the pre- 
ceding article. — Jap. Reg. 1904. 

Art. 41. The rules of foregoing articles relative to the declaration 
and to the notification of blockade are applicable in the case in 
which the blockade may have been extended, or may have been re- 
established after having been raised. — Jap. Reg. 1914. 

Days of grace. 

34. Blockading officers shall observe the terms of special rules 
adopted by the United States Government regarding days of grace 
and conditions of lading permitted to neutral vessels that find them- 
selves within the limits of blockade at the time the blockade is estab- 
lished.— U. S. Ins. 1917. 

Vessel ignorant of, 

75. La saisissabilite d'un navire neutre pour violation de blocus est 
subordonnee a la connaissance reelle ou presumee du blocus. — Fr. 
Ins. 1912. 

76. La connaissance du blocus est, sauf preuve contraire, presumee 
lorsque le navire a quitte un port neutre porterieurement a la notifi- 
cation, en temps utile, du blocus a la Puissance dont releve ce port. — 
Fr. Ins. 1912. 

Previous offense. 

31. The liability of a blockade runner to capture and condemnation 
begins and terminates with her voyage. If there is good evidence 
that she sailed with intent to evade the blockade, she is liable to 
capture from the moment she appears upon the high seas. If a 
vessel has succeeded in escaping from a blockaded port, she is liable 



136 REGULATION OF MARITIME WARFARE 

to capture at any time before she completes her voyage. But with 
the termination of the voyage the offense ends. — U. S. Ins. 1917. 

Radius of action. 

Art. 17. The seizure of neutral vessels for violation of blockade 
may be made only within the radius of action of the ships of war 
assigned to maintain an effective blockade. — D. of L. 1909. 

Art. 50. The seizure of neutral vessels for violation of blockade 
may be made only within the radius of action of the ships of war 
assigned to maintain an effective blockade. — Jap. Reg. 1914. 

Art. 18. The blockading forces must not bar access to the ports or 
to the coasts of neutrals. — D. of L. 1909. 

77. A ship may be captured for breach of blockade not before it 
has reached the blockade zone in- or out-going. — Ger. O. 1909. 

Art. 46. The blockading forces must not bar access to the ports 
or to the coasts of neutrals. — Jap. Reg. 1914. 

Hot pursuit. 

Art. 20. A vessel which in violation of blockade has left a block- 
aded port or has attempted to enter the port is liable to capture so 
long as she is pursued by a ship of the blockading force. If the 
pursuit is abandoned, or if the blockade is raised, her capture 
can no longer be effected. — D. of L. 1909. 

78. A ship that has committed a breach of blockade is liable to 
capture so long as it is pursued by one of the ships of the block- 
ading force. Capture is, however, no longer permissible when the 
blockade is raised or the pursuit is given up. The latter is not of 
itself the case when the ship has reached a neutral port. — Ger. O. 
1909. 

Art. 51. A vessel which in violation of blockade has left a block- 
aded port or has attempted to enter the port is liable to capture so 
long as she is pursued by a ship of the blockading force. If the 
pursuit is abandoned, or if the blockade is raised, her capture can 
no longer be effected. — Jap. Reg. 1914. 

Liability of vessel and cargo. 

Art. 21. A vessel found guilty of violation of blockade is liable 
to condemnation. The cargo is also liable to condemnation, unless 
it is proved that at the time the goods were shipped the shipper 
neither knew nor could have known of the intention to violate the 
blockade.— D. of L. 1909. 

29. Blockade running is a distinct offense which subjects the ves- 
sel attempting to commit it, or sailing with intent to commit it, 
to capture without regard to the nature of her cargo. — U. S. Ins. 
1917. 

78. Tout navire qui force un blocus doit etre capture, f at-il neutre, 
allie ou national, sous reserve, a l'encontre de ce dernier, de l'appli- 



BLOCKADE 137 

cation des lois penales edictees contre ceux qui entretiennent des 
intelligences avec l'ennemi. — Fr. Ins. 1912. 

74. La violation d'un blocus ainsi etabli resulte aussi bien de la 
tentative de penetrer dans le lieu bloque que de celle d'en sortir 
apres la notification du blocus, a moins, dans ce casj que ce ne soit 
dans le delai fixe et expressement mentionne dans la declaration de 
blocus, delai qui devra etre suffisant pour proteger la navigation et 
le commerce de bonne foi. — Fr. Ins. 1912. 

80. Tout navire qui, apres avoir regu l'avertissement reglemen- 
taire, ne s'eloigne pas franchement et est surpris louvoyant autour 
de la cote bloquee, dans le rayon d'action de la force bloquante, 
devient suspect de fraude et peut etre capture. — Fr. Ins. 1912. 

83. Vous capturerez tout navire reconnu coupable de violation de 
blocus. Ce navire sera passible de confiscation. — Fr. Ins. 1912. 

80. A ship that has made itself liable for violation of blockade is 
subject, in addition to capture, to condemnation. Her cargo is also 
confiscable unless it is proved that the shipper at the time of ship- 
ping the merchandise neither knew nor could have known of the in- 
tention to violate the blockade. In case of doubt, the captain will 
regard the whole cargo as confiscable. — Ger. P. O. 1912. 

3. A ship is liable to be captured for violation of blockade when 
it endeavors to enter or leave a blockaded zone without being fur- 
nished with a formal safe conduct, or when, after having obtained 
a safe conduct to enter or leave, it does not observe the rules laid 
down as to the route which it must follow while navigating in the 
blockaded zone or crossing the line of blockade. — Italy, P. R. 1915. 

Art. XLV. A vessel that has broken through a blockade and her 
cargo shall be forfeited. If the owner of the cargo proves that he 
is innocent of such breach of blockade, such cargo shall be released. — 
Jap. Reg. 1904. 

79. Toutefois aucune saisie ne peut etre pratiquee a l'egard d'un 
navire qui, apres avoir force le blocus, a gagne la haute mer et dont 
la chasse a ete abandonnee. — Fr. Ins. 1912. 

Art. 49. A vessel which attempts to leave a blockaded port or 
to enter it in violation of the blockade shall be captured as guilty 
of blockade breaking no matter to what nationality she may belong. — 
Jap. Reg. 1914. 

45. Vessels in violation of blockade and the cargo on board the 
same are liable to condemnation unless the owner of such cargo can 
prove that he had no previous knowledge of the vessel's attempt to 
run the blockade. — China, Reg. 1917. 

Art. 52. A vessel which enters within the radius of action of the 
blockading squadron and loiters in the neighborhood, is liable to 
capture, no matter what her destination mentioned in the ship's 
papers may be. — Jap. Reg. 1914. 



138 REGULATION OP MARITIME WARFARE 

Art. 54. A vessel found guilty of violation of blockade is liable to 
condemnation. The cargo is also liable to condemnation, unless it 
is proved that at the time the goods were shipped the shipper neither 
knew nor could have known of the intention to violate the block- 
ade. — Jap. Reg. 1914. 

Violation. 

76. A breach of blockade is to be assumed as existing when a ship 
breaks through the blockade zone, or attempts to break through with 
intent to reach or leave a blockaded port. By blockade zone is to be 
understood the adjacent sea area which is controlled by the vessels 
of war which are charged with maintaining effectiveness of the block- 
ade. The width of the blockade zone, and its position as well, de- 
pends upon the military and geographical conditions, as also upon 
the number of the disposable ships ; but it may not, according to 58, 
be so situated that a neutral port or a neutral coast is accessible only 
by breaking through the blockade zone. — Ger. O. 1909. 

Art. XXVII. The following vessels shall be considered to have 
broken through a blockade outward; 

1. A vessel that has issued out of the blockaded area or has at- 
tempted to do so. 

2. A vessel that has transshipped outside the blockaded area the 
cargo of a vessel that has broken through a blockade outward, or has 
attempted to make such transshipment. — Jap. Reg. 1904. 

Art. XXIX. Any vessel which has received notification of a 
blockade shall be considered to have violated the blockade inward in 
the following cases: 

1. When such vessel has passed into the blockaded area, or has at- 
tempted to do so. 

2. When such vessel, lying in the neighborhood of the blockaded 
area, is considered to be steering into the area, no matter what port 
of destination is mentioned in the ship's papers. 

3. When such vessel has transported or attempted to transport 
cargo to a blockaded place, by transshipping to another vessel out- 
side of the blockaded area in order that the latter may pass the line 
of blockade. 

4. When such vessel is bound for the blockaded port. — Jap. Reg, 
1904. 

Continuous voyage. 

Art. 19. Whatever may be the ulterior destination of the vessel 
or of her cargo, the evidence of violation of blockade is not sufficiently 
conclusive to authorize the seizure of the vessel if she is at the time 
hound toward an unblockaded port. — D. of L. 1909. 

84. La violation du blocus est insuffisamment caraterisee pour 
autoriser la capture du navire, lorsque celui-ci est actuellement dirige 



BLOCKADE 139 

fers un port non bloque, quelle que soit la destination ulterieure du 
navire ou de son chargement. — Fr. Ins. 1912. 

84. Article 19 of the Declaration of London ceases to be applicable 
and no vessel or cargo will be exempt from capture for violation of 
blockade for the sole reason that they were, at the moment of visit, 
en route for a nonblockaded port.— Fr. Ins. 1916. 

Neutral war vessels. 

32. Vessels of war of neutral powers have not the positive right 
of entry to a blockaded port. They should, however, as a matter 
of courtesy, when practicable, be allowed free passage to and from 
a blockaded port. Permission to visit the blockaded port is sub- 
ject to any conditions as to length of stay or otherwise that the 
senior officer of the blockade may deem necessary and expedient. — 
IT. S. Ins. 1917. 

82. Vous pourrez accorder a des navires de guerre la permission 
d'entrer dans un port bloque et d'en sortir ulterieurement. — Fr. Ins. 
1912. 

62. The naval commander of the blockading force may permit 
neutral ships of war to visit a blockaded port and later to leave it. 
Permission granted to one ship of war, however, does not furnish 
any ground for another ship of war to claim a like permission. — 
Ger. O. 1909. 

Art. 47. The commander of a blockading force may grant to a 
foreign warship permission to enter, and subsequently to leave, a 
blockaded port. — Jap. Reg. 1914. 

Permit to enter. 

Art. 7. In circumstances of distress, acknowledged by an author- 
ity of the blockading forces, a neutral vessel may enter a place under 
blockade and subsequently leave it, provided that she has neither 
discharged nor shipped any cargo there. — D. of L. 1909. 

33. In circumstances of urgent distress beyond the possibility of 
relief by the blockading force, a neutral vessel may be permitted 
to enter a place under blockade and subsequently to leave it under 
conditions prescribed by the commanding officer of the blockading 
force.— U. S. Ins. 1917. 

81. Un navire neutre, en cas de detresse constatee par une 
autorite des forces bloquantes, peut penetrer dans la localite 
bloquee et en sortir ulterieurement, a la condition de n'y avoir 
laisse ni pris aucun chargement. — Fr. Ins. 1912. 

Art. 6. The commander of a blockading force may grant to a 
warship permission to enter, and subsequently to leave, a blockaded 
port.— D. of L. 1909. 

63. A neutral ship in distress has the right, after communication 
with a commander of the blockading force to enter a blockaded 



140 REGULATION OF MARITIME WARFARE 

port, and later to leave it, upon condition, that cargo shall neither 
be discharged, nor taken on there. The blockading force can in- 
stead, however, itself extend the assistance of which the ship is in 
need.— Ger. O. 1909. 

Art. 48. In circumstances of distress, acknowledged by an author- 
ity of the blockading forces, a neutral vessel may enter a place under 
blockade and subsequently leave it, provided that she neither dis- 
charges nor ships any cargo there. — Jap Reg. 1914. 

Exemption, inward. 

Art. XXX. To vessels coming under one of the following heads, 
the preceding article shall not apply : 

1. When a vessel has permission of the Imperial Government or 
of the commanding officer of the blockading squadron or man-of-war. 

2. When the master of the vessel has ventured to make a block- 
aded port his destination anticipating termination of the blockade 
and intending to steer for another port in case the blockade is still 
in force, or when there are extenuating circumstances and the vessel 
comes from a very distant place. 

3. When it is clear that the master of a vessel bound for a block- 
aded port has abandoned the idea of reaching that port. 

4. When a vessel enters a blockaded area, it having become neces- 
sary to put into port from want of provisions, rough weather, or 
any other unavoidable circumstance, and there being no other port 
or bay to put in. — Jap. Reg. 1904. 

Exemption, outward. 

Art. XXVIII. In any of the following cases the preceding article 
shall not be applied — 

1. When a vessel comes out of the blockade area having a permit 
from the Imperial Government or from the commanding officer 
of the squadron or war vessel on duty of blockade. 

2. When a vessel which entered the blockaded port during the 
existence of the blockade, having received no notice of the fact, 
sails out of the port without any cargo. 

3. When a vessel which was in the port at the time of the declara- 
tion of the blockade sails out of the port without any cargo. 

4. When a vessel which was in the port and was loaded before 
the declaration of the blockade sails out. — Jap. Reg. 1904. 



CONTRABAND 

Supply by neutral government forbidden. 

Art. 6. The supply, in any manner, directly or indirectly, by a 
neutral power to a belligerent power, of warships, ammunition, or 
war material of any kind whatever, is forbidden. — XIII, H. C. 1907. 



CONTRABAND 141 

Shipment, neutral government not bound to prevent. 

Art. 7. A neutral power is not bound to prevent the export or 
transit, for the use of either belligerant, of arms, ammunition, or, 
in general, of anything which could be of use to an army or fleet. — 
XIII, H. C. 1907; art, 7, V, H. C. 1907. 

Destination. 

3. If the documents accompanying a cargo constituting by its 
nature contraband of war and found on board a ship bound for a 
country bordering the enemy countries or a country occupied by the 
enemy do not specify the final and definite destination of the said 
cargo in a neutral country, or if the importation into the said neutral 
country of the articles composing the cargo is out of proportion to 
normal importation, implying an ulterior destination, the said cargo 
shall be subject to capture unless the interested parties can prove 
that the destination was really innocent. — Fr. Dec. July 7, 1916. 

3. The destination mentioned in article 33 of the rules of naval 
warfare as elaborated by the London Maritime Conference may be 
proven by any sufficient evidence, and shall be presumed to exist not 
only in the case contemplated in article 34, but also if the goods are 
consigned to an agent of the hostile nation or for him, or to a trader 
0*- other person serving the authorities of the hostile nation, or for 
such trader or person. — Rus. Dec. Sept. 1, 1914. 

3. The destination as contemplated in article 33 of the rules on 
naval war as prepared by the London Maritime Conference shall be 
presumed to be proven not only in the cases enumerated in article 
34 of said rules but also in case the goods are consigned to the agent 
of or for a hostile nation. — Rus. Dec. 8, 1914. 

37. Les articles enumeres ci-dessus sont de contrebande s' il vous 
apparait qu' ils sont destines a Pusage des forces armees ou a des 
administration de l'fitat ennemi, a moins, dans ce dernier cas, que 
les circonstances n'etablissent qu'en fait ces articles ne peuvent etre 
utilises pour la guerre en cours ; cette derniere reserve ne s'applique 
pas a Por et a Pargent monnayes et en lingots, ni aux papiers repre- 
sentatifs de la monnaie. — Fr. Ins. 1912. 

38. Vous considererez que les articles de contrebande condition- 
nelle ont la destination ci-dessus indiquee, si Penvoi est adresse aux 
autorites ennemies, ou a un commergant etabli en pays ennemi, et 
lorsqu'il est notoire que ce commerQant fournit au Gouvernement 
ennemi des objets et materiaux de cette nature. II en est de meme 
si Penvoi est a destination d'une place fortifiee ennemie ou d'une 
autre place servant de base d'operations ou de ravitaillement aux 
forces armees ennemies. — Fr. Ins. 1912. 

39. Si, sans en pouvoirs trouver la preuve complete, vous avez 
cependant des raisons suffisantes de croire que les articles de contre- 



142 REGULATION OF MARITIME WARFARE 

bande conditionnelle, dont le dechargement doit avoir lieu en terri- 
toire ennemi ou occupe par l'ennemi, ont la destination hostile ci- 
dessus indiquee, vous pourrez saisir le navire porteur de cette con- 
trebande. — Fr. Ins. 1912. 

40. A defaut des presomptions ci-dessus, la destination est pre- 
sumed innocente. — Fr. Ins. 1912. 

Destination presumption. 

Art. 3. Besides goods the enemy destination of which is clearly 
shown by documents, those which are carried by vessels bound to 
or calling at enemy ports or ports of their allies shall be considered 
as directly destined to enemy territory. 

Art. 4. Goods are considered as directly destined to enemy ter 
ritory — 

(a) When they are destined to neutral ports, but consigned to the 
enemy or their allies, to their agents or recognized intermediaries, 
or to persons acting under their orders or directions or who may be 
under their influence. 

(b) When they are destined to neutral ports, not comprised in the 
preceding subclause, but whose final destination to enemy territory 
may be deduced from the evident deviation from their normal course 
of the conveying vessel or when it is proved by any other means. 
The conveyance of goods to a country adjacent to enemy territory, or 
from which it is notorious that the latter obtains supplies of mer- 
chandise which the importing country in question has already im- 
ported in quantities exceeding its highest imports for the last three 
years, shall be considered as a well-founded assurance of the above 
enemy destination. — Port. Dec. 1916. 

30. The captain must regard the hostile destination as indicated 
without further proof — 

(a) When the merchandise is destined to be unloaded in a hostile 
port or for delivery to a hostile force. 

(b) When the ship will touch only at enemy ports or when it will 
fall in with enemy forces before it will reach the neutral port to 
which the merchandise is consigned. — Ger. O. 1909. 

31. If the ship has articles of absolute contraband on board, the 
data in the ship's papers concerning her further voyage are to be 
accorded full credence, unless the ship has plainly deviated from the 
route designated in her ship's papers, without being able to justify 
it, or facts appear which establish beyond doubt that the said data 
in the papers is false. — Ger. O. 1909. 

Art. XV. The destination of a vessel is generally considered as 
also the destination of her cargo. — Jap. Reg. 1904 

Art. 59. Proof of the destination specified in the preceding article 
is complete in the following cases : 



CONTRABAND 143 

(1) When the goods are documented to be discharged in a port of 
the enemy or to be delivered to his armed forces. 

(2) When the vessel is to call at enemy ports only, or when she is 
to touch at a port of the enemy or to join his armed forces, before 
arriving at the neutral port for which the goods are documented. — 
Jap. Keg. 1914. 

Art. 60. The ship's papers are complete proof of the voyage of a 
vessel transporting absolute contraband, unless the vessel is en- 
countered by a Japanese ship of war, having manifestly deviated 
from the route which she ought to follow according to the ship's 
papers and being unable to justify by sufficient reason such devia- 
tion. — Jap. Reg. 1914. 

False destination. 

Art. 1, Sec. 3. A neutral vessel whose ship's papers indicate a 
neutral destination and which in spite of her neutral destination 
enters an enemy's port, becomes liable to capture and confiscation 
if she is encountered before having completed her subsequent voy- 
age.— Fr. Dec, Nov. 6, 1914. 

2. A neutral vessel which has succeeded in conveying contraband 
to the enemy with false papers may be seized for the conveyance of 
such contraband if encountered before completing its return voy- 
age. — Rus. Dec. Sept. 1, 1914. 

2. A neutral vessel whose papers show a neutral destination, but 
which, in spite of the destination appearing from its papers, pro- 
ceeds to a hostile port, shall be liable to seizure and confiscation if 
encountered before the completion of its next voyage. — Rus. Dec. 
Dec. 8, 1914. 

47. (2) However, a neutral ship, whose papers show a neutral 
destination, and which, notwithstanding the destination resulting 
from such papers, is making an enemy port, will be exposed to 
capture and confiscation should it be encountered before having 
completed the current voyage. — Fr. Ins. 1916. 

Art. II. A neutral ship, which according to her papers has a 
neutral destination, and which in spite of the destination indicated 
on her papers is making an enemy port, will be subject to capture 
and confiscation if she is encountered before the end of her returr 
journey. — Italy, P. R. 1915. 

List, destination, continuous voyage. 

5. Are considered as contraband of war the objects and materials 
included in the respective lists approved by decree. 

Articles of absolute and conditional contraband are seized when 
their destination is territory belonging to or occupied by the enemy, 
or when consigned to the enemy's forces. 



144 REGULATION OF MARITIME WARFARE 

Both absolute and conditional contraband on board a ship pro- 
ceeding to a neutral port is subject to seizure when the name of the 
consignee does not appear on the manifest, or when the ultimate 
consignee resides in territory belonging to or occupied by the enemy, 
or when the goods are consigned to agents of any enemy govern- 
ment, wherever established, or to third persons who are receivers 
of the goods on account of agents of an enemy government. — Italy, 
P. R. 1915. 

29. Contraband consists only of such articles as are included in 
the list of contraband, and, in addition, are suspected of being for 
an enemy destination. Both conditions must be fulfilled. The prin- 
ciples of contraband, therefore, do not apply, if, for example the 
article in question is included in the list of contraband, but is not 
suspected of being for an enemy destination, or if articles are found 
which are not on the list but are destined for the enemy. In the 
case of contraband it is immaterial whether it is enemy or neutral 
property, but an article must never be treated as contraband merely 
because it is enemy property. — Ger. P. C. 1916. 

Absolute list. 

Art. 22. The following articles and materials are, without notice, 
regarded as contraband, under the name of absolute contraband: 

1. Arms of all kinds, including arms for sporting purposes, and their unas- 
sembled distinctive parts. 

2. Projectiles, charges, and cartridges of all kinds, and their unassembled 
distinctive parts. 

3. Powder and explosives specially adapted for use in war. 

4. Gun carriages, caissons, limbers, military wagons, field forges, and their 
unassembled distinctive parts. 

5. Clothing and equipment of a distinctively military character. 

6. All kinds of harness of a distinctively military character. 

7. Saddle, draft, and pack animals suitable for use in war. 

8. Articles of camp equipment and their unassembled distinctive parts. 

9. Armor plates. 

10. Warships and boats and their unassembled parts specially distinctive 
as suitable for use only in a vessel of war. 

11. Implements and apparatus made exclusively for the manufacture of 
munitions of war, for the manufacture or repair of arms, or of military mate- 
rial, for use on land or sea. 

— D. of L. 1909. 

24. The articles and materials mentioned in the following para- 
graphs (a), (&), (e), and (d), actually destined to territory belong- 
ing to or occupied by the enemy or to armed forces of the enemy, 
and the articles and materials mentioned in the following para- 
graph (e) actually destined for the use of the enemy Government 
or its armed forces, are, unless exempted by treaty, regarded as 
contraband. 

(a) All kinds of arms, guns, ammunition, explosives, and 
machines for their manufacture or repair ; component parts thereof ; 



CONTRABAND 145 

materials or ingredients used in their manufacture; articles neces- 
sary or convenient for their use. 

(b) All contrivances for or means of transportation on land, in 
the water, or air, and machines used in their manufacture or repair ; 
component parts thereof; materials or ingredients used in their 
manufacture; instruments, articles, or animals necessary or con- 
venient for their use. 

(<?) All means of communication, tools, implements, instruments, 
equipment, maps, pictures, papers and other articles, machines, or 
documents necessary or convenient for carrying on hostile operations. 

(d) Coin, bullion, currency, evidences of debt; also metal, mate- 
rials, dies, plates, machinery, or other articles necessary or con- 
venient for their manufacture. 

(e) All kinds of fuel, food, foodstuffs, feed, forage, and clothing 
and articles and materials used in their manufacture. — U. S. Ins. 
1917. 

29. A moins de stipulation speciale des traites ou de decision par- 
ticuliere du Gouvernement de la Republique, vous considererez de 
plein droit comme contrebande de guerre les objets et materiaux 
suivants, compris sous le nom de contrebande absolue, dont la des- 
tination hostile apparaitra comme il est dit plus loin : 

1. Les armes de toute nature, y compris, les armes de chasse et les pieces 
detachers caracterisees ; 

2. Les projectiles, gargousses et cartouches de toute nature et les pieces 
detachers caracterisees ; 

3. Les poudres et explosif s specialement affectes a la guerre ; 

4. Les affuts, caissons, avant-trains, fourgons, forges de campagne et les 
pieces detachees caracterisees ; 

5. Les effets d'habillement et d'equipeinent militaires caracterises; 

6. Les harnachements militaires caracterises de toute nature; 

7. Les animaux de selle, de trait et de bat utilisables pour la guerre ; 

8. Le materiel de campement et les pieces detachees caracterisees; 

9. Les plaques de blindage ; 

10. Les batiments et embarcations de guerre et les pieces detachees speciale- 
ment caracterisees; 

11. Les instruments et appareils exclusivement faits pour la fabrication des 
munitions de guerre, pour la fabrication et la reparation des armes et du 
materiel militaire terrestre ou naval. 

— Fr. Ins. 1912. 
21. The following will be regarded as contraband of war, with- 
out any official declaration, under the designation of absolute con- 
traband articles and materials : 

1. Arms of every kind, including hunting weapons and all recognized parts 
belonging to them. 

2. Projectiles, charges, and cartridges of all kinds, as well as their recognized 
parts belonging to them. 

3. Powder and explosives which are especially intended for war use. 



146 REGULATION OF MARITIME WARFARE 

4. Gun mounts, ammunition, carriages, limbers, supply wagons, field forges, 
and their recognized parts. 

5. Articles of clothing and equipment distinctly military. 

6. Harness of all kinds distinctly military. 

7. Mounts, draft and pack animals capable of use in war. 

8. Camping equipment and its recognized parts. 

9. Armor plate. 

10. War ships and other war craft, as well as such parts as from their 
special nature can be used only on board a vessel of war. 

11. Tools and equipment which have been constructed exclusively for the 
preparation of war material or for the manufacture and repair of arms and 
land or sea material of war. 

— Ger. O. 1909. 

Art. VI. Under the denomination contraband of war, the fol- 
lowing articles are included : Cannons, machine guns, mortars, guns, 
all kinds of arms and firearms, bullets, bombs, grenades, fuses, 
cartridges, matches, powder, sulphur, saltpeter, dynamite and every 
kind of explosive, articles of equipment like uniforms, straps, saddles 
and artillery and cavalry harness, engines for ships and their acces- 
sories, shafts, screws, boilers and other articles used in the con- 
struction, repair, and arming of war ships, and in general all war- 
like instruments, utensils, tools, and other articles, and whatever may 
hereafter be determined to be contraband. — Spain, Dec. 1898. 

Art. XIII. The following goods are contraband of war when they 
are destined to the enemy's territory or to the enemy's army or navy : 
Arms, ammunition, explosives, and materials (including also lead, 
saltpeter, sulphur, etc.), and machines for manufacturing them, 
cement, uniforms, and equipment for army and navy, armor plates, 
materials for building ships and their equipments, and all articles 
to be used solely for hostile purposes. — Jap. Reg. 1904. 

Art. I. Goods mentioned below are absolute contraband of war: 
(Here follows a list of 13 classes of articles, identical with those in 
art. 22 of the Declaration of London, with the addition of " 7» 
Engineering tools and materials of a distinctively military charac- 
ter," and " 12. Balloons and flying machines and their distinctive 
component parts, together with accessories and articles recognizable 
as intended for use in connection with balloons and flying machines," 
which appeared in the Declaration of London as No. 8 in the list 
of conditional contraband, art. 24.) — Jap. Dec. Aug. 23, 1914. 

Transportation of contraband of war. 

Art. 55. When there are no special provisions, materials and arti- 
cles mentioned below are regarded as absolute contraband of war : 

(1) Arms of all kinds, including arms for sporting purposes, and their 
unassembled distinctive parts. 

(2) Projectiles, charges, and cartridges of all kinds, and their unassembled 
distinctive parts. 

(3) Powder and explosives specially adapted for use in war. 



CONTRABAND 147 

(4) Gun carriages, caissons, limbers, military wagons, field forges, and their 
unassembled distinctive parts. 

(5) Clothing and equipment of a distinctively military character. 

(6) All kinds of harness of a distinctively military character. 

(7) Engineering tools and materials of a distinctively military character. 

(8) Saddle, draught, and pack animals suitable for use in war. 

(9) Articles of camp equipment and their unassembled distinctive parts. 

(10) Armor plates. 

(11) War ships and boats and their unassembled parts specially distinctive 
as suitable for use only in a vessel of war. 

(12) Balloons and flying machines and their unassembled distinctive parts 
as also their accessories, articles, and materials distinctive as intended for 
use in connection with balloons or flying machines. 

(13) Implements and apparatus made exclusively for the manufacture of 
munitions of war, for the manufacture or repair of arms, or of military mate- 
rial for use on land or sea. 

—Jap. Keg. 1914. 
Absolute, notification. 

Art. 23. Articles and materials which are exclusively used for war 
may be added to the list of absolute contraband by means of a notified 
declaration. The notification is addressed to the governments of 
other powers or to their representatives accredited to the power 
which makes the declaration. A notification made after the opening 
of hostilities is addressed only to neutral powers. — D. of L. 1909. 

23. In the absence of notice of change which the Government of 
the United States may make at the outbreak of or during war, the 
following classification and enumeration of contraband will govern 
commanders of ships of war. — U. S. Ins. 1917. 

31. Le cas echeant, vous recevrez une liste complementaire d'objets 
et de materiaux exclusivement employes a la guerre, que le Gouverne- 
ment jugerait utile, au cours des hostilites, d'aj outer aux objets de 
contrebande absolue enumeres ci-dessus. — Fr. Ins. 1912. 

2. Notices shall be published from time to time in the Journal 
Omciel regarding any new additions or amendments to the list of 
articles of contraband specified in the present decree. — Fr. Ins. 1914. 

22. Absolute contraband will include, further, those articles and 
materials which shall be expressly declared as absolute contraband 
by the German Empire. — Ger. O. 1909. 

13. Objects acknowledged as contraband of war are announced for 
general information in a special declaration. Exempt from confis- 
cation are those of these objects which constitute, properly speaking, 
the armament and provisioning of vessels of neutral nationality. — 
Kus. Keg. 1895. 

8. The contraband of war are the articles which are mentioned in 
the regulations governing the contraband of war. Regulations gov- 
erning the contraband of war shall be promulgated separately. — 
China, Reg. 1917. 



148 REGULATION OF MARITIME WARFARE 

Absolute, destination. 

Art. 58. Articles and materials mentioned in article 55 are liable 
to capture if they are deemed to be destined to the territory belonging 
to or occupied by the enemy, or to the armed forces of the enemy. 
It is immaterial whether the carriage of the goods is direct or entails 
either transshipment or transport over land. — Jap. Reg. 1914. 

Art. 31. Proof of the destination specified in article 30 is complete 
in the following cases: (1) When the goods are documented to be 
discharged in a port of the enemy, or to be delivered to his armed 
forces. (2) When the vessel is to call at enemy ports only, or when 
she is to touch at a port of the enemy or to join his armed forces, 
before arriving at the neutral port for which the goods are docu- 
mented.— D. of L. 1909. 

Art. 32. The ship's papers are complete proof of the voyage of a 
vessel transporting absolute contraband, unless the vessel is encoun- 
tered having manifestly deviated from the route which she ought 
to follow according to the ship's papers and being unable to justify 
by sufficient reason such deviation. — D. of L. 1909. 

72. A destination to territory belonging to or occupied by the 
enemy or to the armed forces of the enemy is presumed to exist if the 
contraband is consigned "to order," "to order or assigns," or with 
an unnamed consignee, but in any case going to territory belonging 
to or occupied by the enemy, or to neutral territory in the vicinity 
thereof .— U. S. Ins. 1917. 

(a) The hostile destination required for the condemnation of 
contraband articles shall be presumed to exist until the contrary is 
shown, if the goods are consigned to or for an enemy authority, or 
an agent of the enemy State, or to or for a person in territory belong- 
ing to or occupied by the enemy, or to or for a person who, during 
the present hostilities, has forwarded contraband goods to an enemy 
authority, or an agent of the enemy State, or to or for a person in 
territory belonging to or occupied by the enemy, or if the goods are 
consigned " to order," or if the ship's papers do not show who is the 
real consignee of the goods. — Br. O. in C. July 7, 1916. 

33. La destination ennemie de la contrebande absolue est con- 
sidered comme definitivement prouvee dans les cas suivants: 

1. Lorsque la marchandise est documented pour etre debarquee 
dans un port de l'ennimi ou pour etre livree a ses forces armees; 

2. Lorsque, bien que la marchandise soit documented pour un port 
neutre, le navire ne doit aborder qu'a des ports ennemis, ou lorsqu'il 
doit toucher a un pOrte de l'ennemi, ou rejoindre ses forces armees 
avant d'arriver au port neutre pour lequel la marchandise est docu- 
mentee.— Fr. Ins. 1912. 

33. The enemy destination of absolute contraband is presumed, 
in the absence of proof to the contrary in the following cases: 



CONTRABAND 149 

1. When the merchandise is consigned in a neutral port to or for 
an agent of the enemy state; the same is true if the merchandise is 
consigned to or for a person who, during the present war, has ex- 
pedited articles of contraband to territory, enemy or occupied by the 
enemy. 

2. When merchandise, loaded on a vessel destined to a neutral 
port of Europe, is consigned to order, or when the papers on board 
do not indicate the consignee or when they indicate a consignee in 
a territory, enemy or occupied by the enemy. — Fr. Ins. 1916. 

34. Les papiers de bord font preuve complete de l'itineraire du 
navire transportant de la contrebande absolue, a moins que le navire 
ne soit rencontre ay ant manifestement devie de la route qu'il devrait 
suivre d'apres ses papiers de bord et sans pouvoir justifier d'une 
cause suffisante de cette deviation. — Fr. Ins. 1912. 

Art. 2. The goods mentioned in the preceding article are con- 
sidered contraband of war when they are destined either directly 
or indirectly to enemy territory or their allies' territory. — Port. 
Dec. 1916. 

Absolute, continuous voyage. 

Art. 30. Absolute contraband is liable to capture if it is shown 
to be destined to territory belonging to or occupied by the enemy, or 
to the armed forces of the enemy. It is immaterial whether the 
carriage of the goods is direct or entails either transshipment or 
transport over land. — D. of L. 1909. 

69. Contraband, in paragraph 24 (a), (&), (<?), and (d), is liable 
to capture if its actual destination is the territory belonging to or 
occupied by the enemy, or the armed forces of the enemy. It is 
immaterial whether the carriage of the contraband to such actual 
destination be direct in the original vessel or involve transshipment 
or transport overland. — U. S. Ins. 1917. 

32. Les articles enumeres ci-dessus sont de contrebande, s'il vous 
apparait qu'ils sont destines au territoire de l'ennemi ou a un ter- 
ritoire occupe par lui ou a ses forces armees. Peu importe que le 
navire transporteur soit lui-meme a destination d'un port neutre. — 
Fr. Ins. 1912. 

Art. 2. Where it is shown to the satisfaction of one of His 
Majesty's principal secretaries of state that the enemy government 
is drawing supplies for its armed forces from or through a neutral 
country, he may direct that in respect of ships bound for a port in 
that country article 35 of the said declaration shall not apply. Such 
direction shall be notified in the London Gazette and shall operate 
until the same is withdrawn. So long as such direction is in force, 
a vessel which is carrying conditional contraband to a port in that 
country shall not be immune from capture. — Br. O. in C. Oct. 29, 
1914. 



150 REGULATION OF MARITIME WARFARE 

Art. 1, Sec. 6. When it shall be proved to the Government of 
the Republic that an enemy's government derives from a neutral 
country, or by transit through a neutral country, provisions for its 
armed forces, necessary measures shall be taken to the end that 
article 35 of the Declaration of London shall not apply to ships 
bound for such neutral country. Such measures shall be published 
in the Journal Officiel and shall remain in force until rescinded; 
during which period ships transporting conditional contraband to 
a port of said neutral country shall not be exempt from capture. — 
Fr. Dec. Nov. 6, 1914. 

Conditional, list. 

Art. 24. The following articles and materials susceptible of use 
in war as well as for purposes of peace are, without notice, regarded 
as contraband of war, under the name of conditional contraband: 

(1) Food. 

(2) Forage and grain suitable for feeding animals. 

(3) Clothing and fabrics for clothing, and boots and shoes suitable for 
military use. 

(4) Gold and silver in coin or bullion ; paper money. 

(5) Vehicles of all kinds available for use in war, and their unassembled 
parts. 

(6) Vessels, craft, and boats of all kinds, floating docks, parts of docks, as 
also their unassembled parts. 

(7) Fixed railway material and rolling stock and material for telegraphs, 
radio telegraphs, and telephones. 

(8) Balloons and flying machines and their unassembled distinctive parts, 
as also their accessories, articles and materials distinctive as intended for use 
in connection with balloons or flying machines. 

(9) Fuel; lubricants. 

(10) Powder and explosives which are not specially adapted for use in war. 

(11) Barbed wire, as also the implements for placing and cutting the same. 

(12) Horseshoes and horseshoeing materials. 

(13) Harness and saddlery material. 

(14) Binocular glasses, telescopes, chronometers, and all kinds of nautical 
instruments. 

— D. of L. 1909. 
35. Vous considererez de plein droit comme contrebande de guerre 
les objets et materiaux suivants, qui, susceptibles de servir aux 
usages de la guerre comme a des usages pacifiques, sont compris 
sous le nom de contrebande conditionelle, et dont la destination 
hostile apparaitra comme il est dit plus loin, savoir : 

1. Les vivres; 

2. Les fourrages et les graines propres a la nourriture des 
animaux ; 

3. Les vetements et les tissus d'habillement, les chaussures propres 
a des uages militaires; 

4. L'or et l'argent monnaye et en lingots, les papiers representatifs 
de la monnaie; 



CONTRABAND 151 

5. Les vehicules de toute nature pouvant servir a la guerre, ainsi 
que les pieces detachees ; 

6. Les navires, bateaux et embarcations de tout genre, les docks 
flottants, parties de bassins, ainsi que les pieces detachees; 

7. Le materiel fixe ou roulant des chemins de fer, le materiel des 
telegraphes, radiotelegraphes ou telephones; 

8. Les aerostats et les appareils d'aviation, les pieces detachees 
caracterisees ainsi que les accessoires, objets et materiaux caracterises 
comme devant servir a l'aerostation ou a Paviation ; 

9. Les combustibles et matieres lubrifiantes ; 

10. Les poudres et les explosifs qui ne sont pas specialement 
affectes a la guerre; 

11. Les fils barbeles, ainsi que les instruments servant a les fixer 
ou a les couper ; 

12. Les f ers a cheval et le materiel de marechalerie ; 

13. Les objets de harnachement et de sellerie ; 

14. Les jumelles, telescopes, chronometres et les divers instruments 
nautiques. — Fr. Ins. 1912. 

23. As contraband of war, without necessity for being so declared, 
will be regarded the following which are capable of use for war as 
well as for peace purposes, under the designation of articles and 
materials conditionally contraband : 

1. Food. 

2. Forage and grain suitable for animals feed. 

3. Articles of clothing, cloth, and footwear suitable for military purposes. 

4. Gold and silver, minted or in bards, and paper money as well. 

5. Vehicles of any kind suitable for use in war and their parts. 

6. Ships, boats, and vessels of any kind, floating docks and equipment for 
dry docks and their parts. 

7. Fixed or rolling railway material, telegraph, radio, and telephone material. 

8. Airships and flying machines, their recognized constituent parts, as well 
as accessories, articles, and material which can be recognized as of use for 
aeronautic and aviation purposes. 

9. Fuel and lubricants. 

10. Powder and explosives which are not expressly intended for war 
purposes. 

11. Barbed wire and tools for fixing it in place and cutting it. 

12. Horseshoes and farriers equipment. 

13. Harness and saddles. 

14. Binoculars, telescopes, chronometers, and all kinds of nautical instru- 
ments. 

As " food " shall be considered all material, solid and liquid, serv- 
ing as food for human beings. The expression " paper money " in- 
cludes banknotes, but not bills of exchange, nor checks. Boilers and 
machinery come under No. 6 of the list. All " fixed railway 
material " includes among other things, rails, ties, turntables, bridge 
parts.— Ger. O. 1909. 
688S— 26 11 



152 REGULATION OF MARITIME WARFARE 

Art. XIV. The following goods are contraband of war in case 
they are destined to the enemy's army or navy, or in case they are 
destined to the enemy's territory and from the landing place it can 
be inferred that they are intended for military purposes: Provi- 
sions and drinks, clothing and materials for clothing, horses, har- 
nesses, fodder, wheeled vehicles, coal, and other kinds of fuel, timber, 
currency, gold and silver bullion, materials for telegraph, telephone, 
and railroad. — Jap. Reg. 1904. 

Art. 56. Where there are no special provisions, materials and 
articles mentioned below are regarded as conditional contraband of 
war: 

(1) Food. 

(2) Forage and grain suitable for feeding animals. 

(3) Clothing and fabrics for clothing, boots and shoes, suitable for military 
use. 

(4) Gold and silver in coin or bullion; paper money. 

(5) Vehicles of all kinds available for use in war, and their unassembled 
parts. 

(6) Vessels, craft, and boats of all kinds, floating docks, parts of docks, as 
also their unassembled parts. 

(7) Fixed railway material and rolling stock, and material for telegraphs, 
radio telegraphs, and telephones. 

(8) Fuel; lubricants. 

(9) Powder and explosives which are not specially adapted for use in war. 

(10) Barbed wire as also the implements for placing and cutting the same. 

(11) Horseshoes and horseshoeing materials. 

(12) Harness and saddlery material. 

(13) Binocular glasses, telescopes, chronometers, and all kinds of nautical 
instruments. 

—Jap. Reg. 1914. 
Conditional, notification. 

Art. 25. Articles and materials susceptible of use in war as well as 
for purposes of peace, and other than those enumerated in articles 
22 and 24, may be added to the list of conditional contraband by 
means of a declaration, which must be notified in the manner pro- 
vided for in the second paragraph of article 23. — D. of L. 1909. 

36. Les cas echeant, vous recevrez une liste complementaire d'objets 
et materiaux susceptibles de servir aux usages de la guerre comme 
aux usages pacifiques, que le Gouvernement jugerait utile, au cours 
des hostilites, d'ajouter aux objets de contrebande conditionelle 
enumeres ci-dessus. — Fr. Ins. 1912. 

Conditional, destination. 

Art. 33. Conditional contraband is liable to capture if it is shown 
that it is destined for the use of the armed forces or of a govern- 
ment department of the enemy State, unless in this latter case the 
circumstances show that the articles can not in fact be used for the 



CONTRABAND 153 

purposes of the war in progress. This latter exception does not ap- 
ply to a consignment coming under article 24 (4) . — D. of L. 1909. 

Art. 34. There is presumption of the destination referred to in 
article 33 if the consignment is addressed to enemy authorities, or to 
a "merchant, established in the enemy country, and when it is well 
known that this merchant supplies articles and material of this kind 
to the enemy. The presumption is the same if the consignment is 
destined to a fortified place of the enemy, or to another place serving 
as a base for the armed forces of the enemy ; this presumption, how- 
ever, does not apply to the merchant vessel herself bound for one of 
these places and of which vessel it is sought to show the contraband 
character. Failing the above presumptions, the destination is pre- 
sumed innocent. The presumptions laid down in this article admit 
proof to the contrary. — D. of L. 1909. 

71. A destination for the use of the enemy government or its 
armed forces is presumed to exist if the contraband is consigned — 

(a) To enemy authorities. 

(b) To a port of equipment or supply of the armed forces of the 
enemy or other place serving as a base for such armed forces. 

(c) To a contractor or agent in enemy territory who, by common 
knowledge, supplies articles of the kind in question to the enemy 
authorities. — U. S. Ins. 1917. 

Art. 1, Sec. 4. The destination referred to in article 33 of the 
Declaration of London apart from the presumption covered by 
article 34 is presumed to exist if the merchandise is consigned to or 
for an agent in the enemy country. — Fr. Dec. Nov. 6, 1914. 

Conditional, destination of vessel. 

43. Les papiers de bord font preuve complete de l'itineraire du 
navire ainsi que lieu de dechargement des marchandises, a moins que 
ce navire ne soit rencontre ay ant manifestement devie de la route 
qu'il devait suivre d'apres ses papiers de bord et sans pouvoir justifier 
d'une cause suffisante de cette deviation. — Fr. Ins. 1912. 

32. Articles of conditional contraband are subject to seizure as 
far as the conditions of No. 35 are fulfilled, when it is clear that they 
are destined for the use of the forces or the supply depots of the 
enemy State, unless in the latter case, according to the evidence of 
circumstances, these articles can not actually be used for the war in 
progress. Gold and silver in coin or in bullion, as well as paper 
money, is in consequence always to be regarded as capable of use in 
the war. Administrative authorities which are not directly subject 
to the central government (as, for example, city and local govern- 
ments) are not to be considered as administrative authorities of the 
Slate.— Ger. O. 1909. 



154 REGULATION OF MARITIME WARFARE 

33. The captain must, in the absence of circumstances to the 
contrary, regard the hostile destination as evident — 

(a) When the consignment is addressed to an enemy authority, or 
(b) to a dealer situated in the enemy country of whom it is known 
that he is a supplier to the forces or to the administrative authorities 
of the enemy State of articles of questionable character or source ; 
or (c) when the consignment is addressed to a fortified place of the 
enemy; or (d) to another place which serves the enemy forces as a 
base of operations or supplies. 

Merchant vessels themselves are, however, not on that account to 
be regarded as destined for the enemy forces, etc., because they are 
proceeding to one of the places referred to under (c) and (d) ; on 
the contrary there must be still other circumstances in order to justify 
the assumption of a hostile destination, .according to 32. — Ger. O. 
1909. 

Art. 33. In the absence of conditions to the contrary, the hostile 
destination referred to in article 32 is to be presumed when (a) the- 
goods are consigned to an enemy authority or the agent of such or to 
a dealer shown to have supplied articles of the kind in question or 
products thereof to the armed forces or the administrative authori- 
ties of the enemy state; (b) the goods are consigned to order or the 
ship's papers do not show who is the consignee or the goods are con- 
signed to a person in territory belonging to or occupied by the 
enemy; (c) the goods are destined for an armed place of the enemy 
or a place serving as a base of operations of supplies to the armed 
forces of the enemy. Merchant vessels themselves ar,e not to be con- 
sidered as destined for the armed forces or the administrative au- 
thorities of the enemy solely for the reason that they are found en 
route to one of the places referred to under letter (c). — Ger. O. 
Amendment, Apr. 18, 1915. 

34. When under the conditions of 33 there is apparently no clear 
<case, the captain will assume a hostile destination in the sense of No. 
32 only when there is a well-grounded prospect to prove its exist- 
ence.— Ger. O. 1909. 

36. When a ship has conditional contraband on board, the data 
in the ship's papers concerning her further movements and the ports 
of discharge of her merchandise are to be accepted without reserve, 
unless it is clear that the ship has deviated from the course laid down 
in the ship's papers, without sufficient justification, or facts are evi- 
dent which establish beyond doubt that the data mentioned by the 
papers are false. — Ger. O. 1909. 

27. When the ship's papers contain no data concerning the fur- 
ther movements of the ship, or leave it optional with her to touch 
at a hostile port, the captain may assume that she is on the way to a 
hostile port. When the ship's papers contain no data concerning 



CONTRABAND 155 

the ports of discharge of articles of conditional contraband, or leave 
it optional with the ship to discharge these articles in an enemy 
port, the captain may assume — so far as the ship may or will touch 
at a hostile port — the articles in question are to be discharged at 
that port.— Ger. O. 1909. 

Art. III. The destination indicated in article 33 of the Declara- 
tion of London will be presumed to be the real one (in addition to 
the presumptions provided for in art. 34) if the cargo is consigned 
to an agent of an enemy state or to order of an agent of an enemy 
state. — Italy, Dec, June 3, 1915. 

Art. 61. Articles and materials of article 56 are liable to capture 
if it is deemed that they are destined for the use of the armed forces 
or of a government department of the enemy state, unless in this 
latter case the circumstances show that the articles can not in fact be 
used for the purpose of the war in progress. This latter exception 
does not apply to a consignment coming under article 56 (4) . — Jap» 
Reg. 1914. 

Art. 62. In one of the following cases, the materials and articles 
enumerated in article 56 are presumed to have the destination re- 
ferred to in the preceding article — 

(1) When the consignment is addressed to enemy authorities. 

(2) When the consignment is addressed to a merchant, established 
in the enemy country, and when it is well known that this merchant 
supplies articles and material of this kind to the enemy. 

(3) When the consignment is addressed to an agent of the enemy 
government or to a merchant or others who are under control of the 
enemy government. 

(4) When the consignment is addressed to a fortified place of the 
enemy, or to another place serving as a base of operation or supply 
depot for the armed forces of the enemy. — Jap. Reg. 1914. 

Conditional, continuous voyage. 

5. In modification of the provisions of article 35 of the rules of 
the London Maritime Conference, conditional contraband shall be 
liable to seizure, provided the destination mentioned in article 33 
is proven, no matter what port the vessel may be bound for and no 
matter what port the cargo is intended to be discharged in. — Rus. 
Dec. Sept. 1, 1914. 

5. If the Russian Government becomes convinced that a hostile 
government is obtaining supplies for its armed forces from or 
through any neutral country, it shall be the duty of the marine de- 
partment, with the consent of the Minister of Foreign Affairs, to 
take the necessary measures in order that article 35 may not be appli- 
cable to vessels sailing to the ports of such country. The order to 
this effect shall be published in the Collection of Laws and Measures 



156 REGULATION OF MARITIME WARFARE 

of the Government, and shall remain in force until repealed. Wnile 
such order remains in force a vessel conveying conditional contra- 
band to the ports of the said country shall not be exempt from seiz- 
ure.— Rus. Dec. Dec. 8, 1914. 

Art. 1. Notwithstanding the provisions of article 35 of the said 
declaration, conditional contraband shall be liable to capture on 
board a vessel bound for a neutral port if the goods are consigned 
" to order," or if the ship's papers do not show who is the consignee 
of the goods or if they show a consignee of the goods in territory be- 
longing to or occupied by the enemy. In the cases covered by the pre- 
ceding paragraph, it shall lie upon the owners of the goods to prove 
that their destination was innocent. — Br. O. in C, Oct. 29, 1914. 

Art. 5. Notwithstanding the provisions of article 35 of the said 
declaration, conditional contraband, if shown to have the destination 
referred to in article 32, is liable to capture, to whatever port the 
vessel is bound and at whatever port the cargo is to be discharged. — 
Br. O. in C, Aug. 20, 1914. 

Art. 1, Sec. 5. Notwithstanding the provisions of article 35 of the 
Declaration of London, conditional contraband is liable to capture if 
found on board a ship bound for a neutral port, when the merchan- 
dise is consigned to order or when the ship's papers do not specify 
a consignee in the territory belonging to or occupied by the enemy. 
In the above-mentioned case it is incumbent upon the owners of the 
merchandise to prove that the destination was innocent. — Fr. Dec. 
Nov. 6, 1914. 

4. Contrary to article 35 of the rules on naval war, as prepared by 
rhe London Naval Conference, articles of conditional contraband 
shall be liable to seizure on a vessel proceeding to a neutral port if 
the goods are sent " to order " or if the ship's papers do not indicate 
the consignee of the goods or indicate a consignee in the hostile ter- 
ritory or a territory occupied by the enemy. In the cases referred 
to in the present article the burden of proof that the destination of 
the goods was lawful shall rest upon the owners thereof. — Rus. Dec, 
Dec. 8, 1914. 

1. The provisions of the Declaration of London, Order in Council, 
No. 2, 1914, shall not be deemed to limit or to have limited in any 
way the right of His Majesty, in accordance with the law of na- 
tions, to capture goods upon the grounds that they were conditional 
contraband, nor to affect or to have affected the liability of condi- 
tional contraband to capture, whether the carriage of the goods to 
their destination be direct or entail transshipment or a subsequent 
transport by land.— Br. O. in C, Mar. 30, 1916. 

The principle of continuous voyage or ultimate destination shall be 
applicable, both in cases of contraband and a blockade. — Br. O. in C, 
July 7, 1916. 



CONTRABAND 157 

29. Articles of absolute contraband are subject to seizure when it 
is evident that they are destined for the hostile country or for a 
country occupied by the hostile forces. It makes no difference 
whether the delivery of these goods be accomplished directly, or by 
transshipment or forwarding by land. — Ger. O. 1909. 

35. Articles of conditional contraband are subject to seizure only 
on board a ship which is on the way to the enemy country or a place 
held by the enemy or to the enemy forces and when these articles are 
not to be discharged in an intermediate neutral port, i. e., a port at 
which the ship must call before reaching any final destination. — Ger. 
O. 1909. 

Art. 35. Articles of conditional contraband are liable to seizure 
only on a vessel en route to territory belonging to or occupied by 
the enemy or to the armed forces of the enemy, and such vessel 
is not intended to unload these articles in an intermediate neutral 
port — that is to say, in a port at which the vessel is to call previous 
to reaching the ultimate destination designated. This paragraph 
shall not apply if the conditions provided in article 33, letter B, are 
present or if the vessel is bound for a neutral country with regard 
to which it is shown that the enemy government draws articles of 
the kind in question from that country. — Ger. O. Amendment, Apr. 
18, 1915. 

38. If the hostile territory has no seacoast, the provisions of No. 
35 do not apply, and it is sufficient in such case for the conditions of 
32 to be fulfilled, to justify the seizure of articles of conditional con- 
traband.— Ger. O. 1909. 

Art. IV. In spite of the dispositions of article 35 of the Declara- 
tion of London conditional contraband will be subject to capture 
on board a vessel proceeding to a neutral port if the ship's manifests 
do not indicate the name of the consignee, or if they show that the 
consignee resides in territory belonging to or occupied by the en- 
emy. — Italy, Dec. 1915. 

Art. V. In the cases indicated in the preceding Article IV the 
burden of proving the innocent destination of the goods rests with 
their owner. — Italy, Dec. 1915. 

Art. VI. When the King's Government learns that an enemy 
government is supplying its armed forces by means of or across 
a neutral country, the Ministers of Foreign Affairs and Marine may 
take concerted action to exclude from the operation of article 35 
of the Declaration of London all vessels proceeding to ports in such 
countries. Decisions of this nature will be published in the Official 
Gazette, and will be enforced until superseded by another decision 
of the same nature. For the whole period during which such de- 
cisions are in force, vessels carrying conditional contraband to ports 
of such countries will be liable to capture. — Italy, Dec. 1915. 



158 REGULATION OF MARITIME WARFARE 

Appendix II. By the designation " to the enemy " is meant trans- 
portation to his fleet, to one of his ports, or even to a neutral port if 
the latter, according to obvious and indisputable proofs, merely 
serves as an intermediate station to the enemy and as the final goal of 
all transportations. — Rus. Ins. 1900. 

Art. XVI. In case a vessel is bound for a place not in the enemy's 
territory, but if her intermediate port of call is an enemy's port, or 
in case there is reason to believe the vessel is to meet enemy's ships 
during the voyage, the destination of such vessels shall be considered 
as enemy's territory. — Jap. Reg. 1904. 

Art. XVII. If a vessel bound for a port not in the enemy's ter- 
ritory carries a cargo which there is reason to believe is to be trans- 
ported to the enemy's territory, such voyage shall be considered as 
continuous and the ship as destined to the enemy's territory from 
the first, whether she arrive at the port and land her cargo or not. — 
Jap. Reg. 1904. 

Art. 63. Articles and material coming under article 56 are liable 
to capture, no matter what the destination of the ship is and what 
the port of discharge of the articles and material is, if it is con- 
sidered that the articles and material are consigned as specified in 
article 61. The ship's papers are conclusive proof of the voyage of 
the vessel as also of the port of discharge of the goods. However, 
this rule does not apply where there is sufficient proof that the goods 
have the destination of article 61. — Jap. Reg. 1914. 

Art. 35. Conditional contraband is not liable to capture, except 
when on board a vessel bound for territory belonging to or occupied 
by the enemy, or for the armed forces of the enemy, and when it is 
not to be discharged at an intervening neutral port. The ship's 
papers are conclusive proof of the voyage of the vessel as also of the 
port of discharge of the goods, unless the vessel is encountered hav- 
ing manifestly deviated from the route which she ought to follow 
according to the ship's papers and being unable to justify by suffi- 
cient reason such deviation. — D. of L. 1909. 

Art. 36. Notwithstanding the provisions of article 35, if the ter- 
ritory of the enemy has no seaboard, conditional contraband is 
liable to capture if it is shown that it has the destination referred 
to in article 33.— D. of L. 1909. 

70. Contraband, in paragraph 24 (e), is liable to capture if it 
is actually destined for the use of the enemy government or its 
armed forces. It is immaterial whether the carriage of contraband 
be direct in the original vessel, or involve transshipment or trans- 
port overland. — U. S. Ins. 1917. 

41. Les articles dits " de contrebande conditionnelle " n'ont le car- 
actere de contrebande que si le navire transporteur fait route vers le 



CONTRABAND 159 

territoire de l'eiinemi ou vers un territoire occupe par lui ou vers 
ses forces armees, et s'il ne doit pas les decharger dans un port in- 
termediaire neutre. — Fr. Ins. 1912. 

41. Articles so-called of conditional contraband have the character 
of contraband only if the ship transporting them is making way to 
the territory of the enemy or to a territory occupied by him, or to 
his armed forces. — Fr. Ins. 1916. 

41(2). Conditional contraband is, however, subject to capture if 
the ship being for destination of a neutral port, the merchandise is 
consigned to order or if the ship's papers do not show the consignee, 
or also if they show a consignee in an enemy country or occupied by 
the enemy. In cases thus considered, it is for the owners of the 
merchandise to prove the destination is innocent. — Fr. Ins. 1916. 

41 (3). When, in conformity with Article VI of the decree of 
November 6, 1914, the Government will have decided to suspend for 
a neutral country the application of article 35 of the Declaration of 
London, paragraph 41 of the present instruction will cease to be ap- 
plied to ships going to the ports of the said country, and the mer- 
chandise on board these ships will not be exempt from capture. 
This measure will be published in the Journal Officiel, and will 
remain applicable until it shall have been revoked. — Fr. Ins. 1916. 

42. Toutefois, si le territoire de Fennemi n'a pas de frontiere mari- 
time, les articles ci-dessus ont le caractere de contrebande par le seul 
fait de leur propre destination hostile, encore que le navire trans- 
porteur ait lui-meme une destination neutre. — Fr. Ins. 1912. 

Liability. 
Art. 39. Contraband is liable to condemnation. — D. of L. 1909. 
Art. 71. Contraband is liable to condemnation. — Jap. Reg. 1914. 

Liability of vessel. 

Art. 40. The confiscation of the vessel carrying contraband is 
allowed if the contraband forms, either by value, by weight, by 
volume, or by freight, more than half the cargo — D. of L. 1909. 

A vessel carrying contraband shall be liable to capture and con- 
demnation if the contraband, reckoned either by value, weight, 
volume, or freight, forms more than half the cargo. — Br. O. in C, 
July 7, 1916. 

49. Vous capturerez le navire transportant de la contrebande si cette 
contrebande forme, soit par sa valeur, soit par son poids, soit par son 
volume, soit par son fret, plus de la moitie de la cargaison. — Fr. Ins. 
1912. 

2. Whenever contraband merchandise seized on a ship forms by 
its value, its weight, its volume, or its burden more than one-half of 
the cargo, the ship and its entire cargo are subject to confiscation. — 
Fr. Dec. July 7, 1916. 

6888—26 12 



160 REGULATION OF MARITIME WARFARE 

50. Vous vous bornerez a saisir le navire transportant de la con- 
trebande si cette contrebande est en proportion inferieure a celle 
ci-dessus indiquee. — Fr. Ins. 1912. 

Art. 5. Besides any other goods which shall be considered as such, 
the following shall always be considered as legitimate prizes: 

(a) Ships carrying contraband of war the value, weight, size, or 
freight of which amounts to more than half the value, weight, size, 
or freight of her cargo. 

(b) Ships on their return voyage after having carried contraband 
in the manner described in the preceding subclause. 

(c) Ships not included in subclauses (a) and (&), habitually 
employed in contraband traffic or other traffic which may be quali- 
fied as that of rendering assistance to the enemy. 

(d) Ships of enemy ownership which by their build, armament, 
or internal disposition and fittings may be converted into ships of 
war.— Port. Dec. 1916. 

41. Ships which are themselves contraband are subject to con- 
fiscation. A ship brought in because of carrying contraband is sub- 
ject to capture when the contraband, in value, weight, volume or 
freight charges, constitutes more than half the cargo. — Ger. O. 1909. 

42. In the cargo, subject to confiscation are: (a) Articles which 
may be seized as absolute or conditional contraband, (b) Merchan- 
dise belonging to their owner. The rest of the cargo of a neutral 
ship, inclusive of any enemy goods, is not confiscable. — Ger. O. 1909. 

Art. 10. Vessel liable to capture : 

(5) If the cargo is composed in whole or more than two-thirds 
of contraband of war. In the case of the illicit part of the cargo 
being less than two-thirds only, the articles which are contraband 
of war will be confiscated, and to unload them the ship will be con- 
ducted to the nearest and most convenient Spanish port. It must be 
understood that goods directly and immediately affecting the war 
are contraband only when destined for the enemy's ports, for when 
they are consigned to a neutral port these goods are munitions of 
war, but not contraband. But if a vessel is dispatched for a neutral 
port in proper form, but makes for a port of the enemy, then, if 
found near to one of these ports or sailing in quite a different direc- 
tion than the proper one shown in her papers, she shall be captured 
if the captain can not prove that force majeure drove him from his 
proper course. — Spain, Ins. 1898. 

Par. 1. Merchant vessels of neutral nationality which transport 
war contraband, are confiscated, in case the latter either by value, 
weight, or volume or freight, amounts to more than a half of the 
whole cargo. — Rus. Dec, Nov. 8, 1916. 



CONTRABAND 161 

Art. XLIV. A vessel which has taken in contraband goods, using 
deceitful means, and all the goods on board belonging to the owner 
of such vessel, shall be forfeited. — Jap. Reg. 1904. 

43. Under any of the following circumstances, the vessel carry- 
ing contraband of war is liable to condemnation : 

(a) When the vessel and the contraband belong to the same person. 

(b) When the weight and dimensions of the contraband of war 
constitute two-thirds of all the cargo on board the vessel. 

(c) When the vessel smuggles contraband of war by fraud. 
Under any of the above circumstances all the goods belonging to 

the owner of the vessel are also liable to condemnation. — China, 
Reg. 1917. 

Art. 66. Excepting cases of articles 67 and 70, vessels carrying 
contraband of war are liable to capture, no matter to what nation- 
ality they belong. — Jap. Reg. 1914. 

Art. 72. The confiscation of the vessel carrying contraband is 
allowed if the contraband forms, either by value, by weight, by vol- 
ume, or by freight, more than half the cargo. — Jap. Reg. 1914. 

Radius of liability. 

Art. 37. A vessel carrying articles liable to capture as absolute 
or conditional contraband may be captured on the high seas or in 
the territorial waters of the belligerents throughout the whole course 
of her voyage, even if she has the intention to touch at a port of call 
before reaching the hostile destination. — D. of L. 1909. 

48. Le navire transportant des articles saisissables comme con- 
trebande peut etre saisi ou capture par vous pendant tout le cours de 
son voyage, meme s'il a l'intention de toucher a un port d'escale 
avant d'atteindre la destination ennemie. — Fr. Ins. 1912. 

39. When a ship carries articles which are subject to seizure as 
absolute or conditional contraband, she is liable to capture on the 
high seas or in the waters of the belligerents throughout the duration 
of her entire voyage, even when she has the intention to call at an 
intermediate port before reaching, the hostile destination. — Ger O. 
1909. 

Art. 64. A vessel carrying articles liable to capture as absolute or 
conditional contraband may be captured on the high seas or in the 
territorial waters of the belligerents throughout the whole course of 
her voyage, even if she has the intention to touch at a port of call 
before reaching the hostile destination. — Jap. Reg. 1914. 

6. A ship carrying absolute or conditional contraband may be 
captured on the high sea or in belligerent territorial waters at any 
time during its voyage. If,' however, contraband articles form a 
small part of the cargo, naval commanding officers may at their 
discretion take over, and, if circumstances require it, destroy the 



162 REGULATION OF MARITIME WARFARE 

contraband goods, and after noting the fact in the ship's log may 
allow the vessel to continue her voyage. — Italy, P. R. 1915. 

Previous offense. 

Art. 38. A capture is not to be made on the ground of a carriage 
of contraband previously accomplished and at the time completed. — 
D. of L. 1909. 

47. Vous ne saisirez pas un navire en raison d'un transport de 
contrebande qu'il aurait anterieurement effectue et actuellement 
acheve.— Fr. Ins. 1912. 

40. Seizure can not be made on the ground of a previous carrying 
of contraband which has already been fully completed. — Ger. 0. 1909. 

Art. 40. A vessel can not be captured on the ground of an already 
completed voyage carrying contraband. If, however, the vessel car- 
ried contraband to the enemy contrary to the indications of the ship's 
papers, it shall be liable to capture and condemnation until the end 
of the war. — Ger. O. Amendment Apr. 18, 1915. 

Art. 65. A capture is not to be made on the ground of a carriage 
of contraband previously accomplished and at the time completed. — 
Jap. Reg. 1914. 

Art. 1, Sec. I. A neutral vessel, with papers indicating a neutral 
destination, which, notwithstanding the destination shown on the 
papers, proceeds to an enemy port, shall be liable to capture and con- 
demnation if she is encountered before the end of her next voyage. — 
Br. O. in C, Oct. 29, 1914. 

Art. 2. A neutral vessel which succeeded in carrying contraband 
to the enemy with false papers may be detained for having carried 
such contraband if she is encountered before she has completed her 
return voyage. — Br. O. in C, Aug. 20, 1914. 

Ignorance of war. 

Art. 43. If a vessel is encountered at sea making a voyage in 
ignorance of the hostilities or of the declaration of contraband af- 
fecting her cargo, the contraband is not to be condemned except with 
indemnity ; the vessel herself and the remainder of the cargo are ex- 
empt from condemnation and from the expenses referred to in 
article 41. The case is the same if the master after becoming aware 
of the opening of hostilities, or of the declaration of contraband, 
has not yet been able to discharge the contraband. A vessel is 
deemed to be aware of the state of war, or of the declaration of con- 
traband, if she left a neutral port after there had been made in suffi- 
cient time the notification of the opening of hostilities, or of the 
declaration of contraband, to the power to which such port belongs. 
A vessel is also deemed to be aware of a state of war if she left an 
enemy port after the opening of hostilities. — D. of L. 1909. 

65. If a neutral vessel, met at sea with contraband destined to the 
enemy, is unaware of the existence of a state of war or of a decla- 



CONTRABAND 163 

ration of contraband which applies to her cargo, the vessel shall, as 
a rule, be sent in for adjudication, and though the cargo may not 
be liable to condemnation it may be detained or requisitioned. 

66. A vessel is deemed to be aware of the existence of a state of 
war or of a declaration of contraband if she left a neutral port after 
sufficient time had elapsed for the publication there of the notifica- 
tion of the opening of hostilities to the neutral power to which the 
port belongs, or for the publication there of the contraband lists 
proclaimed by the United States, respectively. A vessel is also 
deemed to be aware of the existence of a state of war if she left an 
enemy port after the war began. — U. S. Ins. 1917. 

53. Si vous rencontrez en mer un navire naviguant dans Pignorance 
des hostilites ou de la declaration de contrebande applicable a son 
chargement, vous pourrez neanmoins saisir ces articles de contre- 
bande ; mais, la confiscation de ces articles, pouvant ulterieurement 
donner lieu a une indemnite, vous aurez soin de dresser un proces- 
verbal tres precise en nature, poids et valeur des marchandises aiiisi 
saisies. Dans ce cas, le navire et le surplus de sa cargaison, tout en 
etant sujets a etre saisis, seront exempts de confiscation. II en sera 
de meme si le capitaine, apres avoir eu connaissance de Pouverture 
des hostilites ou de la declaration de contrebande, n'a pu encore 
decharger les articles de contrebande. — Fr. Ins. 1912. 

54. Le navire est repute connaitre Petat de guerre ou la declara- 
tion de contrebande, lorsqu'il a quitte un port ennemi apres Pouver- 
ture des hostilites ou lorsqu'il a quitte un port neutre apres que la 
notification de Pouverture des hostilites ou de la declaration de 
contrebande a ete faite en temps utile a la Puissance dont releve ce 
port.— Fr. Ins. 1912. 

44. When a ship upon being visited has no knowledge of the out- 
break of hostilities or of the contraband declaration applicable to 
her cargo, the contraband may be seized by bringing in the ship, 
but it is subject to confiscation only with reimbursement for dam- 
ages, while the ship and the other cargo are exempt from confiscation. 
The same holds when the master had acquired the information in 
question, but had not been able to discharge the contraband in a 
port; it is not to be accepted as an objection that he would have 
had to deviate from his course to do so. When an enemy ship 
imder these circumstances is brought in the contraband goods on 
board are subject to confiscation so far as they are enemy goods, with- 
out damages. — Ger. O. 1909. 

45. In judging whether the knowledge in question existed, it is 
to be taken into consideration, 

(a) That the state of war is made known immediately in Ger- 
man, allied, and enemy ports, as far as they have telegraphic 
connection ;. 



164 REGULATION OF MARITIME WARFARE 

(b) That the beginning of hostilities is made known immediately 
to neutral governments by telegraph and is by them immediately 
in the same way communicated to their port authorities ; 

(c) That the declaration as to contraband is published in the Ger- 
man Empire upon the outbreak of hostilities and is communicated 
to allied and neutral governments by telegraph, who will communi- 
cate it to their port authorities, etc., without delay; 

(d) That the contraband declaration will not become known in 
enemy ports at least for the present. — Ger. O. 1909. 

Art. XXXVIII. Vessels carrying contraband persons, papers, 
or goods, but which do not know the outbreak of war shall be exempt 
from capture. The fact that the master of a vessel does not know 
the persons, papers, or goods on board to be contraband of war, or 
that he took them on board under compulsion, shall not exempt the 
vessel from capture. — Jap. Reg. 1904. 

Art. 67. If a vessel is encountered at sea by a Japanese man-of- 
war, making a voyage in ignorance of the hostilities or of the declara- 
tion of contraband affecting her cargo, the vessel may be detained. 
The case is the same if the master after becoming aware of the 
opening of hostilities, or of the declaration of contraband, has not 
yet been able to discharge the contraband. A vessel is presumed to 
be aware of the state of war, or of the declaration of contraband, if 
she left a neutral port after there had been made in sufficient time 
the notification of the opening of hostilities ; or of the declaration of 
contraband, to the power to which such port belongs. The case is 
the same with a vessel which left an enemy port after the opening of 
hostilities; or a Japanese port or that of an allied power after the 
opening of hostilities or after the declaration of contraband had been 
made. — Jap. Reg. 1914. 

Art. 68. In the case of the preceding article, the commander of 
the man-of-war, may, if necessary, seize the contraband goods. In 
this case, as compensation must be made in the future, such com- 
manding officer shall prepare a document according to Form No. 4 
with regard to kinds of contraband goods, their prices, insurance 
premium and freight, and shall give one copy to the master of the 
vessel. — Jap. Reg. 1914. 

Art. 69. When a commander of a man-of-war has not detained a 
vessel coming under article 67, he shall order the boarding officer to 
enter the notification in the ship's papers according to Form No. 5 
and may, when he considers necessary, take suitable measures such 
as ordering the vessel to alter her route, etc. — Jap. Reg. 1914. 

Art. 75. In the case of article 67, the vessel carrying contraband 
and the remainder of the cargo are exempt from condemnation. 
With regard to the vessel and her cargo of the preceding paragraph, 



CONTRABAND 165 

they are exempt from the expenses referred to in article 73. — Jap. 
Reg. 1914. 

Costs. 

Art. 41. If a vessel carrying contraband is released, the expenses 
incurred by the captor i!n the trial before the national prize court 
as also for the preservation and custody of the ship and cargo 
during the proceedings are chargeable against the ship. — D. of 
L. 1909. 

Art. 73. If a vessel carrying contraband is released, the expenses 
incurred by the authorities concerned in the trial before the national 
prize court as also the preservation and custody of the ship and 
cargo during the proceedings are chargeable against the ship. — Jap. 
Reg. 1914. 

Goods of owner. 

Art. 42. Goods which belong to the owner of the contraband and 
which are on board the same vessel are liable to condemnation. — D. 
of L. 1909. 

Art. XLIII. Contraband goods and all goods on board belonging 
to the owner of the contraband shall be forfeited. When the owner 
of a vessel carrying contraband is also the owner of the contraband 
goods, the vessel shall be forfeited. — Jap. Reg. 1904. 

42. All contraband of war are liable to condemnation. All goods 
belonging to the owner of the contraband of war are liable to con- 
demnation. — China, Reg. 1917. 

Art. 74. Goods which belong to the owner of the contraband and 
which are on board the same vessel are liable to condemnation. — Jap. 
Reg. 1914. 

Delivery at sea. 

Art. 44. A vessel stopped because carrying contraband, and not 
liable to condemnation on account of the proportion of contraband, 
may. according to circumstances, be allowed to continue her voyage 
if the master is ready to deliver the contraband to the belligerent 
ship. The delivery of the contraband is to be entered by the captor 
on the log book of the vessel stopped, and the master of the vessel 
must furnish the captor duly certified copies of all relevant papers. 
The captor is at liberty to destroy the contraband which is thus 
delivered to him.— D. of L. 1909. 

86. If, under the provisions of a treaty between the United States 
and his country, the master of a vessel agrees to deliver and does 
deliver the contraband cargo to the commander of the ship of war, 
the vessel, as a rule, shall not be sent in for adjudication. Any 
contraband cargo so delivered shall be accompanied by an inventory, 
and a receipt therefor shall be given for the protection of interested 
parties. The vessel shall thereupon be released. If circumstances 



166 REGULATION OF MARITIME WARFARE 

preclude such delivery of the contraband cargo, the vessel should in 
general be sent in. — U. S. Ins. 1917. 

51. Suivant les circonstances, vous pourrez autoriser a continuer sa 
route un navire arrete pour cause de contrebande et non susceptible 
de confiscation a, raison de la proportion de la contrebande, si le 
capitaine est pret a vous livrer cette contrebande. La remise de la 
contrebande sera mentionnee sur le livre de bord du navire arrete, et 
le capitaine de ce navire devra vous remettre copie certifiee conforme 
de tous papiers utiles. — Fr. Ins. 1912. 

52. Vous aurez la faculte de detruire la contrebande qui vous sera 
ainsi livree. — Fr. Ins. 1912. 

46. The captain can abstain from the seizure of a ship carrying 
contraband which is not herself liable to confiscation under 41, when 
the master is ready to deliver over the contraband to him. The de- 
livery of the contraband is to be entered in the log book of the ship 
visited; the master of the ship must deliver to the captain for the 
prize court proceedings an attested copy of all relevant papers. The 
captain is authorized to destroy the contraband so delivered to him. — 
Ger. O. 1909. 

14. If only the contraband of war is subject to confiscation with- 
out the vessel on which it is loaded, the vessel itself is detained only 
until the contraband is surrendered. This surrender may take place, 
in the discretion of the detainer (captor), either at the place of 
detention or after the detained vessel has been conducted into port. — 
Eus. Keg. 1895. 

Art. 70. A vessel stopped because carrying contraband, and not 
liable to condemnation on account of the proportion of contraband, 
may, according to circumstances, be allowed to continue her voyage 
if the master is ready to deliver the contraband to the belligerent 
ship. The delivery of the contraband is to be entered by the captor 
on the log book of the vessel stopped, and the master of the vessel 
must furnish the captor duly certified copies of all relevant papers. 
The captor shall prepare a document in duplicate according to Form 
No. 6 with regard to kinds of contraband and shall give one copy 
to the master of the vessel. The captor is at liberty to destroy the 
contraband which is thus delivered to him. — Jap. Reg. 1914. 

Free goods. 

Art. 26. If a power waives, so far as it is concerned, the right to 
regard as contraband of war articles and materials which are com- 
prised in any of the classes enumerated in articles 22 and 24, it shall 
make known its intention by a declaration notified in the manner 
provided for in the second paragraph of article 23. — D. of L. 1909. 

Art. 27. Articles and materials which are not susceptible of use 
in war are not to be declared contraband of war. — D. of L. 1909. 



CONTRABAND 167 

25. Articles and materials even though enumerated in paragraph 
24, if exempted by special treaty provisions, are not regarded as 
contraband. — U. S. Ins. 1917. 

30. Vous ne. considererez pas comme contrebande de guerre les 
armes et les munitions exclusivement destinees a la defense du 
batiment, et en la quantite que permet la coutume, a moins qu'il 
n'en ait ete fait usage pour resister a la visite. — Fr. Ins. 1912. 

Art. 57. Things enumerated below shall not be considered contra- 
band of war in spite of the provisions of the preceding two articles : 

(1) Articles and materials serving exclusively for the care of the 
sick and wounded. They may, nevertheless, in case of urgent mili- 
tary necessity and subject to the payment of compensation be requisi- 
tioned if their destination is that specified in article 58. 

(2) Articles and materials intended for use of the vessel in which 
they are found, as well as those for the use of her crew and pas- 
sengers during the voyage. — Jap. Reg. 1914. 

44. Les objets et materiaux qui ne sont pas compris dans les deux 
listes ci-dessus de contrebande absolue ou de contrebande condi- 
tionnelle, ou qui ne vous auraient pas ete notifies comme devant y 
etre ajoutes, ne sont pas contrebande de guerre. — Fr. Ins. 1912. 

26. Articles and materials which can not be employed for war 
purposes may not be declared contraband of war. — Ger. O. 1909. 

Art. 28. The following may not be declared contraband of war : 

(1) Raw cotton, wool, silk, jute, flax, hemp, and other raw materials of 
the textile industries, and also yarns of the same. 

(2) Nuts and oil seeds ; copra. 

(3) Rubber, resins, gums, and lacs; hops. 

(4) Raw hides, horns, bones, and ivory. 

(5) Natural and artificial manures, including nitrates and phosphates for 
agricultural purposes. 

(6) Metallic ores. 

(7) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and 
tiles. 

(8) China ware and glass. 

(9) Paper and materials prepared for its manufacture. 

(10) Soap, paint, and colors, including articles exclusively used in their 
manufacture, and varnishes. 

(11) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sul- 
phate of ammonia, and sulphate of copper. 

(12) Agricultural, mining, textile, and printing machinery. 

(13) Precious stones, semi-precious stones, pearls, mother-of-pearl, and coral. 

(14) Clocks and watches, other than chronometers. 

(15) Fashion and fancy goods. 

(16) Feathers of all kinds, hairs, and bristles. 

(17) Articles of household furniture and decoration; office furniture and 
accessories. 

— D. of L. 1909. 



168 REGULATION OF MARITIME WARFARE 

45. Ne sont jamais contrebande de guerre les articles suivants, 
savoir : 

1. Le coton brut, les laines, soies, jutes, lins, chanvres bruts, et les autres 
matieres premieres des industries textiles ainsi que leurs filGs.; 

2. Les noix et graines oleagineuses, le coprah ; 

3. Les caoutchoucs, resines, gommes et laques, le houblon ; 

4. Les peaux brutes, les cornes, os et ivoires ; 

5. Les engrais naturels et artificiels, y compris les nitrates et les phosphates 
pouvant servir & l'agriculture ; 

6. Les minerals ; 

7. Les terres, les argiles, la chaux, la craie, les pierres y compris les marbres, 
les briques, ardoises et tuile's ; 

8. Les porcelaines et verreries ; 

9. Le papier et les matieres prepares pour sa fabrication ; 

10. Les savons, couleurs, y compris les matieres exclusivement destinees a 
les produire, et les vernis ; 

11. L'hypochlorite de chaux, les cendres de soude, la soude caustique, le 
sulfate de soude en pains l'ammoniaque, le sulfate d'ammoniaque et le sulfate 
de cuivre; 

12. Les machines servant a l'agriculture, aux mines, aux industries textiles 
et a l'imprimerie ; 

13. Les pierres precieuses, les pierres fines, les perles, la nacre et les coraux ; 

14. Les horloges, pendules et montres, autres que les chronometres ; 

15. Les articles de mode et les objets de fantaisie ; 

16. Les plumes de tout genre, les crins et soies ; 

17. Les objets d'ameublement et d'ornement, les meubles et accessories de 
bureau. 

— Fr. Ins. 1912. 

27. The following articles can not be declared contraband of war : 

1. Raw cotton, raw wool, raw silk, raw jute, raw flax, raw hemp, and 
other raw materials of textile industries, and also the yarn spun from them. 

2. Oil bearing seeds and nuts; copra. 

3. Caoutchuc, resin, rubber, and gum ; hops. 

4. Raw hides, horns, bones, and ivory. 

5. Natural and manufactured fertilizers, including nitrate and phosphates 
suitable for agricultural purposes. 

6. Ores. 

7. Soil, clay, lime, chalk, stone, including marble, brick, slate, and roofing 
materials. 

8. Porcelain and glassware. 

9. Paper and material prepared for its manufacture. 

10. Soap, dye-stuff, including material exclusively intended for its manufac- 
ture, and varnish. 

11. Chloride of lime, soda, caustic soda, sulphuric acid, sodic sulphate in 
cakes, ammonia, ammonia-sulphate and copper sulphate. 

12. Machinery for agriculture, mining, textile industries, and book printing. 

13. Precious stones, semi-precious stones, pearls, mother-of-pearl, and corals. 

14. Tower and wall clocks, clocks and watches, other than chronometers. 

15. Fancy goods and jewelry. 

16. Feathers of all kinds, hair, and bristles. 



CONTRABAND 169 

17. k Articles of household furnishing and decoration ; office furniture and 
^equipment. 

— Ger. O. 1909. 

Art. 27. The following are not to be declared contraband of war : 

(1) Raw cotton, raw silk, raw jute, raw hemp. 

(2) Resins, lacs; hops. 

(3) Rawhides, horns, bones, and ivory. 

(4) Natural and artificial manures. 

(5) Earths, clays, lime, chalk, stone, including marble, bricks, slates, and 
tiles. 

(6) China ware and glass. 

(7) Paper and materials prepared for its manufacture. 

(8) Soap, paint, and colors, including articles exclusively used in their 
manufacture, and varnishes. 

(9) Bleaching powder, soda ash, caustic soda, salt cake, ammonia, sulphate 
of ammonia, and sulphate of copper. 

(10) Agricultural, mining, textile, and printing machinery. 

(11) Precious stones, semi-precious stones, pearls, mother-of-pearl, and coral. 

(12) Clocks and watches, other than chronometers. 

(13) Fashion and fancy goods. 

(14) Feathers of all kinds, hairs, and bristles. 

(15) Articles of household furniture and decoration; office furniture and 
accessories. 

— Ger. O. amendments, April 18, 1915. 
28. Further as not to be regarded as contraband of war are the 
following : 

1. Articles and materials which serve exclusively for the care of 
the sick and wounded; provided, however, that in case of urgent 
military necessity, they may be requisitioned for use upon payment 
therefor, if they have the destination set forth under 29. 

2. Articles and materials which are intended for the use of the 
ship on board which they are found, or for the use of the crew or 
passengers of the ship during the voyage. — Ger. O. 1909. 

Art. XVIII. Of the goods mentioned in Articles XIII and XIV, 
if it is clear from their quantity and quality that they are intended 
for the vessel's own use, such goods shall not be considered contra- 
band of war. — Jap. Reg. 1904. 

Art. 29. Neither are the following to be regarded as contraband 
of war: 

(1) Articles and material serving exclusively for the care of the 
sick and wounded. They may, nevertheless, in case of urgent mili- 
tary necessity and subject to the payment of compensation, be req- 
uisitioned, if their destination is that specified in article 30. 

(2) Articles and materials intended for the use of the vessel in 
which they are found, as well as those for the use of her crew and 
passengers during the voyage. — D. of L. 1909. 



170 REGULATION OF MARITIME WARFARE 

46. Ne sont pas non plus considered comme contrebande de guerre : 

1. Les objets et materiaux servant exclusivement a soigner les 
malades et les blesses. Toutefois, en cas de necessite militaire im- 
portante, vous pourrez les requisitionner, moyennant une indemnite 
s'ils sont destines au territoire de l'ennemi ouaun territoire occupe 
par lui ou a ses forces armees ; 

2. Les objets et materiaux destines a l'usage du navire ou ils sont 
trouves, ainsi qu'a l'usage de l'equipage et des passagers de ce navire 
pendant la traversee. — Fr. Ins. 1912. 

45. Will not be considered as contraband of war all articles and 
materials serving exclusively for the care of the sick and wounded ; 
however, the following products do not benefit by the preceding 
measure except for amounts up to 25 kilograms (55 pounds) each: 

Glycerophosophate of lime, iodoform, iodure vasogene (vasogen- 
ous iodide), bromide of camphor, and boro-glycerine. 

In case of important military necessity, you can requisition the 
above mentioned articles and materials, against an indemnity, if 
they are destined for the territory of the enemy or for a territory 
occupied by him or his armed forces. — Fr. Ins. 1916. 



UNNEUTRAL SERVICE 

Definition. 

35. Unneutral service is service rendered by a neutral to a bellig- 
erent contrary to international law. It is in its nature indirect or 
direct.— U. S. Ins. 1917. 

Par. 2. Merchant vessels of neutral nationality may according to 
circumstances be not only detained but also confiscated, in the case 
of the following forbidden actions: 

Transportation of enemy armed forces, enemy news and corres- 
pondence; when on a voyage especially intended for transportation 
of individuals who form part of the enemy armed forces, or to carry 
news in the interests of the enemy power; cruising under command 
or control of an agent who has been placed on board by the enemy 
government, and also if the latter has wholly chartered the neutral 
vessel. — Rus. Reg. Dec. 11, 1916. 

Appendix. — The following acts are considered on a par with 
military contraband and involve the same consequences for a neutral 
vessel and cargo: (1) conveyance of hostile troops, military detach- 
ments, and individual military persons, and (2) conveyance of 
enemy's dispatches — that is, business correspondence between hostile 
commanders and their agents stationed on a vessel or on territory 
belonging to or occupied by the enemy. — Rus. Ins. 1900. 



UNNEUTRAL SERVICE 171 

7. A ship shall be captured as guilty of giving assistance to the 
enemy if she — 

(a) Has taken direct part in hostilities ; 

(b) Has been entirely chartered by an enemy government, or has 
on board an agent of such government in control of the ship ; 

(c) Is employed exclusively for the transport of troops, or for 
the transmission of news in the enemy's interest ; 

(d) Is engaged in transporting enemy military detachments or 
persons who during the voyage may render or have lent direct 
assistance to the enemy's operations with the knowledge of the 
owner, charterer, or master ; 

(e) Is navigating with the specific object of transporting indi- 
viduals on their way to join the enemy's armed forces. — Italy, P. R. 
1915. 

Direct. 

Art. 46. A neutral vessel is liable to be condemned and, in a gen- 
eral way, is liable to the same treatment which she would undergo 
if she were a merchant vessel of the enemy — 

(1) If she takes a direct part in the hostilities. 

(2) If she is under the orders or under the control of an agent 
placed on board by the enemy government. 

(3) If she is chartered entire by the enemy government. 

(4) If she is at the time and exclusively either devoted to the 
transport of enemy troops or to the transmission of information in 
the interest of the enemy. 

In the cases specified in the present article the goods belonging to 
tho owner of the vessel are likewise liable to condemnation. — D. of 
L. 1909. 

39. A neutral vessel is guilty of direct unneutral service and may 
not only be captured but may be treated as an enemy merchant 
vessel — 

(a) If she takes a direct part in the hostilities. 

(b) If she is under the orders or under the control of an agent 
placed on board by the enemy government. 

(<?) If she is wholly chartered by or in the exclusive employment 
of the enemy government. 

(d) If she is at the time exclusively engaged in, or wholly devoted 
to, either the transport of enemy troops or in the transmission of 
information in the interest of the enemy by radio or otherwise. — 
U. S. Ins. 1917. 

61. Vous capturerez egalement tout navire neutre ; 

1. Lorsqu'il prend une part directe aux hostilites ; 

2. Lorsqu'il se trouve sous les ordres ou sous le controle d'un agent 
place a bord par le Gouvernement ennemi ; 



172 REGULATION OF MARITIME WARFARE 

3. Lorsqu'il est affrete en totalite ou en partie par le Gouvernement 
ennemi ; 

4. Lorsqu'il est actuellement et exclusivement affecte soit au trans- 
port de troupes ennemies, soit a la transmission de nouvelles dans 
l'interet de Tennemi. — Fr. Ins. 1912. 

62. Dans les quatre cas ci-dessus specifies, le navire sera passible 
de confiscation et, dime maniere generale, passible du traitment qu'il 
subirait s'il etait navire de commerce ennemi. — Fr. Ins. 1912. 

55. A neutral ship further renders unneutral service to the enemy — 

(a) When it directly takes part in the hostilities. Against such a 
ship, force of arms is to be used, until its unneutral procedure ceases. 

(b) When it is under the order or control of an agent of the enemy 
government installed on board the ship. 

(c) When it has been chartered by the enemy government. 

(d) When it is actually and expressly designated for the trans- 
port of enemy troops or transmission of information in the enemy's 
interest. 

This applies, in contrast to 48, not to one particular voyage, but 
on the contrary to a continued employment of the ship for the par- 
ticular purpose. So long as such employment exclusively continues, 
unneutral service is rendered, even while the ship lying idle, neither 
carries troops, nor transmits information. — Ger. O. 1909. 

56. So long as circumstances named in 55 continue, the ship is to 
be treated as hostile. The merchandise in the cargo belonging to the 
owner of the ship is also confiscable. — Ger. O. 1909. 

Art. 80. A neutral vessel is liable to capture in one of the follow- 
ing cases : 

(1) If she takes a direct part in the hostilities. 

(2) If she is under the orders or under the control of an agent 
placed on board by the enemy government. 

(3) If she is chartered entire by the enemy government. 

(4) If she is at the time and exclusively either devoted to the 
transport of enemy troops or to the transmission of information in 
the interest of the enemy. 

A vessel coming under the preceding paragraph is, in a general 
way, liable to the same treatment which she would undergo if she 
were a merchant vessel of the enemy. — Jap. Reg. 1914. 

Art. 81. In the cases specified in the preceding article, the vessel 
and the goods belonging to the owner of the vessel are liable to con- 
demnation. — Jap. Reg. 1914. 

Art. 10. Vessel liable to capture (9) if the neutral vessel takes 
part in this employment, or assists in any way in such operations. — 
Spain, Ins. 1898. 



UNNEUTRAL SERVICE 173 

Art. XLVI. Vessels that are recognized to have been fitted out 
for the enemy for military purposes, and the goods belonging to the 
owners of such vessels, shall be confiscated. — Jap. Reg. 1904. 

Art. XLVII. Vessels ascertained to have scouted or carried in- 
formation to give benefit to the enemy or to have done any other 
acts to assist him, and all goods belonging to the owners of such 
vessels, shall be confiscated. — Jap. Reg. 1904. 

Indirect. 

Art. 45. A neutral vessel is liable to be condemned and in a 
general way, is liable to the same treatment which a neutral vessel 
would undergo when liable to condemnation on account of contra- 
band of war. 

(1) If she is making a voyage especially with a view to the trans- 
port of individual passengers who are embodied in the armed force 
of the enemy, or with a view to the transmission of information in 
the interest of the enemy. 

(2) If, with the knowledge of the owner, of the one who charters 
the vessel entire, or of the master, she is transporting a military 
detachment of the enemy, or one or more persons who, during the 
voyage, lend direct assistance to the operations of the enemy. 

In the cases specified in the preceding paragraphs (1) and (2), 
goods belonging to the owner of the vessel are likewise liable to 
condemnation. The provisions of the present article do not apply 
if when the vessel is encountered at sea she is unaware of the open- 
ing of hostilities, or if the master, after becoming aware of the open- 
ing of hostilities, has not been able to disembark the passengers. 
The vessel is deemed to know of the state of war if she left an enemy 
port after the opening of hostilities, or a neutral port after there 
had been made in sufficient time a notification of the opening of 
hostilities to the power to which such port belongs. — D. of L. 1909. 

36. A neutral vessel is guilty of indirect unneutral service and may 
be sent in for adjudication as a neutral vessel liable to condemnation — 

(a) If she specially undertakes to transport individual passengers 
who are embodied in the armed forces of the enemy and who are en 
route for military service of the enemy or to a hostile destination, or 
transmits intelligence in the interest of the enemy whether by radio 
or otherwise. 

(b) If, to the knowledge of the owner, or the charterer, or of the 
agents thereof, or of the master, she is transporting a military de- 
tachment of the enemy, or one or more persons who are embodied in 
the military or naval service of the enemy and who are en route for 
military service of the enemy or to a hostile destination, or one or 
more persons who, during the voyage, lend direct assistance to the 



174 REGULATION OF MARITIME WARFARE 

enemy, or is transmitting information in the interest of the enemy 
by radio or otherwise. — U. S. Ins. 1917. 

37. The above provisions do not apply if, when the vessel is met 
at sea, she is unaware of the existence of a state of war, or if the 
master, after becoming aware of the opening of hostilities, has not 
yet been able to disembark the passengers. — U. S. Ins. 1917. 

38. The vessel is deemed to be aware of the existence of a state of 
war if she left an enemy port after the opening of hostilities, or left 
a neutral port after the publication there of the notification to the 
neutral power to which the port belongs of the opening of hostili- 
ties.— U. S. Ins. 1917. 

55. Vous capturerez tout navire neutre : 

1. S'il voyage specialement en vue du transport de passagers 
individuels incorpores dans la force armee de l'ennemi ou en vue 
de la transmission de nouvelles dans l'interet de l'ennemi ; 

2. S'il vous apparait que c'est a la connaissance soit du proprietaire, 
soit de celui qui a affrete le navire en totalite, soit du capitaine, 
qu'il transporte un detachement militaire de l'ennemi ou une ou 
plusieurs personnes qui, pendant le voyage, pretent une assistance 
directe aux operations de l'ennemi. — Fr. Ins. 1912. 

56. Dans les deux cas specifiees ci-dessus, le navire sera passible de 
confiscation et, d'une maniere generale, passible du traitement que 
subirait le navire neutre sujet a confiscation pour contrebande de 
guerre. — Fr. Ins. 1912. 

57. Toutefois les dispositions du paragraphe 54, alinea 2, ne 
s'appliquent pas si, lorsque le navire est rencontre en mer, il ignore 
les hostilites ou si le capitaine, apres avoir appris l'ouverture des 
hostilites, n'a pu encore debarquer les personnes transporters. — Fr. 
Ins. 1912. 

48. A neutral ship renders the enemy unneutral service when she 
(a) carries out the voyage, departing from her usual employment 
expressly for the purpose of conveying persons enrolled in the hostile 
forces or for carrying information in the interest of the enemy; (b) 
with knowledge of the owner, charterer, or master, has on board a 
complete subdivision of enemy troops, or one or more persons who 
will assist the enemy's operations during the voyage. The captain 
is among other things empowered to assume this when a ship 
equipped with radio-telegraphic apparatus is clearly found to be 
engaged in the transmission of war information within the area of 
operations and does not comply with an express prohibition. — Ger. 
O. 1909. 

51. So long as the circumstances named in 48 exist, the ship is 
liable to capture and confiscation. Of the cargo, only the merchan- 
dise belonging to the owner of the ship is confiscable. — Ger. O. 1909. 



UNNEUTRAL SERVICE 175 

Art. 76. A neutral vessel is liable to capture in one of the follow- 
ing cases : 

(1) If she is making a voyage especially with a view to the trans- 
mission of information in the interest of the enemy. 

(2) If, with the knowledge of the owner, of the one who charters 
the vessel entire, or of the master, she is transporting a military de- 
tachment of the enemy, or one or more persons who, during the 
voyage, lend direct assistance to the operations of the enemy. 

A vessel coming under the preceding paragraph is liable to the 
same treatment which a neutral vessel in general would undergo 
when liable to condemnation on account of contraband of war. — 
Jap. Keg. 1914. 

Art. 77. In the cases specified in the preceding article, the vessel 
and tEe goods belonging to the owner of the vessel and liable to be 
condemned. — Jap. Keg. 1914. 

Art. 86. The provisions of this chapter are applicable to Japanese 
vessels and also to those of allied powers. — Jap. Keg. 1914. 

58. Le navire est repute connaitre letat de guerre, lorsqu'il a 
quitte un port ennemi apres l'ouverture des hostilites ou un port 
neutre posterieurement a la notification en temps utile de l'ouverture 
des hostilites a la puissance dont releve ce port. — Fr. Ins. 1912. 

Art. 78. The provisions of article 76 do not apply if when the vessel 
is encountered at sea by a Japanese man-of-war she is unaware of 
the opening of hostilities, or if the master, after becoming aware 
of the opening of hostilities, has not been able to disembark the pas- 
sengers. The vessel is deemed to know of the state of war if she 
left a Japanese port, a port of an ally, or an enemy port after the 
opening of hostilities, or a neutral port after there had been made 
in sufficient time a notification of the opening of hostilities to the 
power to which such port belongs. — Jap. Keg. 1914. 

Art. 79. With regard to a vessel which does not know of the open- 
ing of hostilities, the commanding officer of a man-of-war shall order 
the boarding officer to enter in the ship's papers the notification 
according to Form No. 5, and, if necessary, may take measures he 
thinks fit, such as change of route, etc. — Jap. Keg. 1914. 

Art. 10. Vessel liable to capture: (6) If she carries on behalf of 
the enemy officers, troops, or seamen. — Spain, Ins. 1898. 

49. Reservists, recruits, and war volunteers proceeding to their 
places of mustering in, are not to be regarded as " persons embodied 
in the hostile forces."— Ger. D. O. 1909. 

Art. XLII. Contraband persons shall be made prisoners and con- 
traband papers shall be forfeited. Any vessel carrying contraband 
persons or papers and the goods on board which belong to the owner 
of such vessel, shall be forfeited, unless the captain proves that not 
by his own fault he is unacquainted with the fact. — Jap. Reg. 1904. 



176 REGULATION OF MARITIME WARFARE 

46. Ships engaged in transmitting information in the interest of 
the enemy or vessels engaged in enemy service and the cargo be- 
longing to the owner of such vessels are liable to condemnation. — 
China, Eeg. 1917. 

Art. XI. Contraband persons are the enemy's military men and 
others who are being transported to be employed for hostile pur- 
poses. — Jap. Reg. 1904. 

44. Hostile persons are liable to capture as prisoners of war. Ves- 
sels carrying hostile persons and the cargo belonging to the owner 
of the vessel are liable to condemnation, unless proofs are given to 
show that the ship had no knowledge of the passengers of enemy 
character. — China, Reg. 1917. 

63. Vous remarquerez que le transport des depeches officielles ne 
peut etre incrimine que s'il est fait a titre special; dans le cas con- 
traire, vous vous conformerez aux dispositions de l'Article XVI ci- 
apres. — Fr. Ins. 1912. 

50. By " transmission of information " is meant any communi- 
cating of information, whether written or oral, or by signal or radio- 
telegraphy.— Ger. O. 1909. 

Art. 10. Vessel liable to capture: (7) If she carries letters and 
communications of the enemy, unless she belong to a marine mail 
service, and these letters or communications are in bags, boxes, or 
parcels with the public correspondence, so that the captain may be 
ignorant of the contents. — Spain, Ins. 1898. 

Art. XII. Contraband papers are all official correspondence of 
the officers of the enemy's government. Official correspondence 
between the enemy's government and its ministers and consuls resid- 
ing in neutral States, and official correspondence between the enemy's 
government and the government of neutral States are not, however, 
contraband. — Jap. Reg. 1904. 

Art. 10. Vessel liable to capture: (8) If the vessel is employed 
in watching the operations of the war, either freighted by the other 
belligerent or paid to perform this service. — Spain, Ins. 1898. 

Delivery of persons at sea. 

Art. 47. Any individual embodied in the armed force of the 
enemy, and who is found on board a neutral merchant vessel, may 
be made a prisoner of war, even though there be no ground for the 
capture of the vessel. — D. of L. 1909. 

59. Alors rneme qu'il n'y aurait pas lieu de capturer le navire, 
vous pourrez faire prisonnier de guerre tout individu incorpore 
dans la force armee de l'ennemi et qui sera trouve a bord d'un 
navire de commerce neutre. Vous demanderez tout d'abord au capi- 
taine du navire de vous remettre ces individus. En cas de refus de 



UNNEUTRAL SERVICE 177 

sa part, vous passerez outre et vous les ferez prisonniers de guerre. 
En cas de resistance de la part du personnel du navire, vous cap- 
turerez le navire. — Fr. Ins. 1912. 

60. Le personnel religieux, medical et hospitalier ennemi trouve 
a bord d'un navire de commerce neutre ne peut etre fait prisonnier 
de guerre ; mais, avant de laisser libre ce personnel, vous vous assure- 
rez avec soin de la realite de son caractere. En cas de doute, vous 
pourrez le retenir dans la forme ci-dessus indiquee jusqu'a ce que 
la preuve de ce caractere soit etablie. — Fr. Ins. 1912. 

53. Every person enrolled in the forces of the enemy who is 
found on board a merchant ship may be made a prisoner of war, 
even when the ship herself is not liable to capture. — Ger. O. 1909. 

54. Persons who, without being embodied in the armed forces 
of the enemy, render direct assistance to the operations of the enemy 
during the voyage may be taken as prisoners only if the vessel is 
captured at the same time. — Ger. O. 1909. 

8. Persons belonging to or intending to join the enemy's armed 
forces found on board a neutral, vessel may be made prisoners of 
war, even though the ship be not subject to capture. — Italy, P. R. 
1915. 

Par. 3. Anyone, forming part of the armed forces of the enemy 
and found on a neutral vessel (merchant) may be taken war prisoner, 
even if there is no reason for seizing the vessel. — Rus. Reg. Dec. 
8, 1916. 

Art. 82. Any individual embodied in the armed force of the 
enemy, and who is found on board a neutral merchant vessel, may be 
made a prisoner of war, even though there be no ground for the 
capture of the vessel. — Jap. Reg. 1914. 

Art. 83. In the case of the preceding article, the boarding officer, 
by order of the commanding officer of the man-of-war, may request 
the master of the vessel to deliver such individuals. If the master 
refuses to deliver them, the boarding officer shall seize such indivi- 
duals and, if the crew of the vessel resist, shall capture the vessel. — 
Jap. Reg. 1914. 

Art. 84. In the case of the preceding article, the boarding officer 
shall prepare a document in duplicate regarding the delivery accord- 
ing to Form No. 7 and shall give one copy to the master of the 
vessel. — Jap. Reg. 1914. 

Art. 85. In case the master of the vessel objects to the delivery of 
individuals specified in article 82, the commanding officer of the 
man-of-war shall immediately report to the Minister of the Navy 
the gist of the objection and the measures he has taken. — Jap. Reg. 
1914. 



178 REGULATION OF MARITIME WARFARE 

COMMUNICATION 

CABLES, SUBMARINE 
Unneutral service. 

Art. 54. C. Cables sous-marins. — Les Etats belligerants ne sont 
autorises a saisir et a detruire, dans les conditions determinees ci-des- 
sous, que les cables sous-marins reliant leurs territoires ou deux 
points de ces territoires, et les cables reliant le territoire d'un des pays 
en guerre a un territoire neutre. 

Le cable les territoires des deux belligerants ou deux parties du 
territoire d'un des belligerants peut etre saisi ou detruit partout, 
excepte dans les eaux d'un Etat neutre. 

Le cable reliant un territoire neutre au territoire d'un des belliger- 
ants ne peut, en aucun cas, etre saisi ou detruit dans les eaux depend- 
ant d'un territoire neutre. En haute mer, ce cable ne peut etre saisi 
ou detruit que s'il y a blocus effectif et dans les limites de la ligne 
de blocus, sauf retablissement du cable dans le plus bref delai pos- 
sible. Ce cable peut tou jours etre saisi ou detruit sur le territoire et 
dans la mer territoriale dependant d'un territoire ennemi, jusqu'a une 
distance de trois milles marins de la laisse de basse maree. La saisie 
ou la destruction ne peut jamais avoir lieu que dans le cas de neces- 
site absolue. 

En ce qui concerne l'application des regies precedentes, il n'y a pas 
de difference a etablir entre les cables, selon qu'ils sont des cables, 
d'Etat ou qu'ils appartiennent a des particuliers ; il n'y a pas non 
plus a tenir compte de la nationality de leurs proprietaries- 

Les cables sous-marins reliant un territoire belligerant a un ter- 
ritoire neutre, qui aurant ete saisis ou detruits, devront etre restitues 
et les indemnites seront reglees a la paix. — Institut, 1913. 

40. Unless under satisfactory censorship or otherwise exempt, the 
following rules are established with regard to the treatment of sub- 
marine telegraph cables in time of war, irrespective of their owner- 
ship. 

(a) Submarine telegraph cables between points in territory be- 
longing to or occupied by the enemy or between such territorj^ and 
territory of the United States are subject to such treatment as the 
necessities of war may require. 

(b) Submarine telegraph cables between points in territory be- 
longing to or occupied by the enemy and neutral territory may be 
interrupted within the territorial jurisdiction of the enemy or at 
any point outside of neutral jurisdiction, if the necessities of war 
require. 

(c) Submarine cables connecting an occupied territory with a 
neutral territory shall not be seized or destroyed except in the case 
of absolute necessity. 



COMMUNICATION 179 

They must likewise be restored, and compensation shall be fixed 
when peace is made. 

(d) Submarine telegraph cables between two neutral territories 
shall be held inviolable and free from interruption. — U. S. Ins. 1917. 

Between enemy territory. 

18. Autant que possible, et sans nuire aux operations principales 
oil vous serez engage, vous vous efforcerez de proceder a la destruc- 
tion des cables sous-marins reliant exclusivement des possessions de 
l'ennemi. — Fr. Ins. 1912. 

Art. 11. A submarine cable which connects dominions of an 
enemy may be cut, or any measures necessary for military purposes 
may be taken in regard to it, at any place except in the territorial 
waters of a neutral country. The same is the case with a cable which 
connects Japan and a dominion of an enemy, if necessary for military 
purposes. — Jap. Reg. 1914. 

Between neutral and enemy territory. 

20. Quant aux cables qui, venant d'un pays neutre, atterrissent 
en territoire ennemi ou le traversent, vous les mettrez hors de service 
partout ailleurs que dan les eaux territoriales neutres, s'ils sont 
susceptibles d'etre utilises par le belligerant pour la conduite im- 
mediate de ses operations de guerre. — Fr. Ins. 1912. 

Art. 12. A submarine cable which connects an enemy country and 
a neutral State, or a submarine cable which has its termini in neutral 
State but passes the dominions of an enemy may be cut at any place 
outside of the territorial waters of neutral States, or any measures 
necessary for military purposes may be taken with regard to it, but 
only when there is absolute necessity. — Jap. Reg. 1914. 

Connecting neutrals. 

19. Vous respecterez les cables qui relient exclusivement entre eux 
deux pays neutres. — Fr. Ins. 1912. 

Art. 13. Submarine cables connecting dominions of neutral 
countries shall be respected. — Jap. Reg. 1914. 

Nationality of owner. 

21. Dans aucun de ces cas, vous n'avez a tenir compte de la 
nationalite de la compagnie ou societe proprietaire du cable. — Fr. 
Ins. 1912. 

Art. 14. The provisions of the preceding three articles shall be 
applicable no matter who is the owner of the cable. — Jap. Reg. 1914. 

RADIO 
Unneutral service. 

41. The commander of a naval force may regulate, or, if necessary, 
prohibit, the use of radio apparatus by all vessels within the im- 
mediate area of operations of the force under his command. He 



180 REGULATION OF MARITIME WARFARE 

may take such measures as will assure the effectiveness of the regu- 
lation or prohibition, even to the extent of requiring that the ap- 
paratus be dismantled, or in case of doubt of the observance of good 
faith, the apparatus may be seized. — U. S. Ins. 1917. 

119. Si les circonstances l'exigent et dans la mesure ou vous le 
jugerez indespensable, vous pourrez notifier aux na vires de commerce 
munis d'une installation de T. S. F. qui sejourneraient dans la zone 
de vos operations, ou meme qui la traverseraient, l'interdiction : 

De transmettre des nouvelles sur votre situation ou sur vos mouve- 
ments ; 

D'enregistrer des telegrammes clairs ou chiffres provenant de 
votre batiment ou des batiments de votre force navale; 

D'emettre des signaux de nature a troubler vos communications. 

Vous fixerez alors par une declaration et une notification analogues 
a celles qui concernent le blocus, les limites geographiques et, le cas 
echeant, les limites de temps ou d'heures entre lesquelles s'etendra le 
regime de vos interdictions. — Fr. Ins. 1912. 

119. Any use of radiotelegraphy intended to inform the enemy 
and assist him in his operation constitutes an act of hostile assist- 
ance rendering the ship liable to capture. If the circumstances re- 
quire it, and within the limits that you judge indispensable, you 
can notify merchant ships fitted with a radio installation and find- 
ing themselves within the zone of your operations, or even which 
are traversing the same, of the prohibition of : 

Transmitting information concerning your situation and your 
movements; recording telegrams in plain language or cipher sent 
by your ship or ships or your naval force; sending signals of a 
nature to trouble your communications. 

You will then fix, by a declaration and a notification analagous to 
those concerning the blockade, the geographical limits, and, if re- 
quired, the limits of time or hours between which the regime of your 
prohibitions will extend. — Fr. Ins. 1916. 

Art. 92. In the case of article 89 or article 90, if the conduct of 
the vessel can be deemed to be unneutral service, the vessel shall be 
treated under the provisions of Chapter XIV. — Jap. Reg. 1914. 

Liability of vessels. 

120. Si, malgre votre notification, les navires susvises transmettent 
des nouvelles interdites ou troublent systematiquement vos com- 
munications, vous agirez suivant la gravite et les consequences de 
leurs actes, soit comme il est prevu a Particle 4 de la Convention X 
de La Have pour l'application a la guerre maritime des principes 
de la Convention de Geneva, soit comme il est dit pour le deuxieme 
cas vise au paragraphe 55 (assistance hostile). 

Vous pourrez done enjoindre a ces navires de s'eloigner hors des 
limites fixees dans votre declaration, leur imposer une direction 



COMMUNICATION 181 

determinee, les detenir, meme les capturer et, dans tous les cas, 
saisir leurs appareils de T. S. F. — Fr. Ins. 1912. 

121. Si la visite de ces na vires vous revele simplement l'enregistre- 
ment de depeches interdites, vous pourrez saisir leur registre de 
telegrammes, leur enjoindre de s 'eloigner, leur fixer une direction 
determinee, et, si vous avez des motifs suffisants de suspecter leur 
bonne foi, saisir leurs appareils de T. S. F. — Fr. Ins. 1912. 

Art. 89. A vessel which, notwithstanding that it has received the 
notification specified in the preceding article or notwithstanding 
that it may be presumed that it knows of the prohibition or restric- 
tion of article 87, violates such prohibition is liable to capture. — 
Jap. Keg. 1914. 

Art. 93. A vessel coming under article 89 is liable to condemna- 
tion. The case is the same with the radio apparatus installed in the 
vessel and the registers containing messages prohibited or re- 
stricted. — Jap. Reg. 1914. 

Detention of vessel. 

Art. 90. In the case of a vessel which has violated the prohibition 
or restriction of article 87 without knowledge thereof, the com- 
manding officer of a man-of-war may order, according to necessity, 
isolation of such vessel, may give instructions as to the direction 
the vessel should take, and may send on board a superintendent, or 
in the case of grave nature, may detain the vessel if he thinks it 
necessary. In the case of the preceding paragraph, the command- 
ing officer of the man-of-war shall cause, as far as practicable, all 
the orders he issued to be entered in the ship's papers. — Jap. Reg. 
1914. 

Register of messages, seizure. 

Art. 91. In the case of the preceding article, registers of messages 
kept on board the vessel which contain records prohibited or re- 
stricted may be seized. If there are sufficient reasons to doubt the 
good faith of the vessel, the radio apparatus may also be seized. — 
Jap. Ueg. 1914. 

Strategic area. 

Art. 87. The commanding officer of a squadron or a man-of-war 
may, if it is necessary in hostile operations, forbid vessels equipped 
with radio apparatus and lying within the radius of action thereof 
to do any of the following acts : 

(1) To send messages concerning position and movements of 
squadrons, men-of-war, or vessels employed for military purposes. 

(2) To record messages sent from a squadron, from man-of-war, 
or from a vessel employed for military purposes. 

(3) To do anything which obstructs messages of a squadron, of a 
man-of-war, or of a vessel employed for military purposes. 



182 REGULATION OF MARITIME WARFARE 

The commanding officer of a squadron or man-of-war may, if 
necessary, forbid vessels mentioned in the preceding paragraph to 
send cipher messages or may restrict the languages to be used in 
radio messages. — Jap. Reg. 1914. 

Art. 88. In case the commanding officer of a squadron or of a man- 
of-war orders the prohibition or restriction specified in the preceding 
article, he shall prepare a declaration (Form No. 8) stating the 
geographical limits within which such prohibition or restriction 
extends, particulars of such prohibition or restriction, and date on 
which such prohibition or restriction commences, and also, if neces- 
sary, the period or hours of such prohibition or restriction; and 
shall order an officer under him to notify vessels equipped with radio 
apparatus which lie within the area of prohibition or restriction or 
in the neighborhood of the declaration. The notification of the 
preceding paragraph shall be made according to Form No. 9, stating 
the day and hour at which it was made and the geographical position 
of the vessel at that time, and the same shall be entered in the ship's 
papers of the vessel. — Jap. Reg. 1914. 

Coast station of enemy. 

Art. "94. A coast radio station lying in the enemy territory may, 
if necessary for military purposes, be seized or destroyed, or measures 
may be taken disabling the same, no matter to whom it belongs. — 
Jap. Reg. 1914. 



MEANS AND METHODS OF WARFARE 
LIMITATIONS 

Art. 14. Principe. — Les belligerants n'ont pas un droit illimite 
quant au choix des moyens de nuire a l'ennemi. — Institut, 1913. 

PROHIBITIONS 

Art. 16. Outre les prohibitions etablies par des conventions 
speciales il est interdit: 

1. D'employer du poison ou des armes empoisonnees, ainsi que 
des projectiles que ont pour but unique de repandre des gaz asphy- 
xiants ou deleteres. 

2. D'employer des armes, des projectiles ou des matieres propres 
a causer des maux superflus. Rentrent specialement dans cette 
categorie les projectiles explosibles ou charges de matieres fulmi- 
nantes ou inflammables, d'un poids inferieur a 400 grammes, et les 
balles qui s'epanouissent ou s'aplatissent facilement dans le corps 
humain, telles que les balles a enveloppe dure, dont l'enveloppe ne 
couvrirait pas completement le noyau ou serait pourvue d'incisions. — 
Institut, 1913. 



MEANS AND METHODS OF WARFARE 183 

Art. 17. II est egalement interdit: 

1. De tuer ou de blesser un ennemi qui, ayant mis bas les armes ou 
n'ayant plus le moyen de se defendre, s'est rendu a discretion. 

2. De couler un navire qui s'est rendu avant d'avoir recueilli 
1'equipage. 

3. De declarer qu'il ne sera pas fait de quartier. — Institut, 1913. 

Perfidious and barbarous. 

Art. 15. Moyens perfldes et barbares. — Les ruses de guerre sont 
considerees comme licites. Toutefois les moyens qui impliquent 
la perficlie sont defendus. 

Ainsi il est interdit : 

1. De tuer ou de blesser par trahison des individus appartenant 
a la partie adverse. 

2. D'user indument du pavilion parlementaire, de faire usage de 
faux-pavillons, uniformes ou insignes, quels qu'ils soient, notamment 
de ceux de l'ennemi, ainsi que des signes distinctifs de l'assistance 
hospitaliere indiques aux articles 41 et 42. — Institut, 1913. 

3. In order to capture a prize either open force or permitted 
military stratagem must be used, but breach of faith must by no 
means be resorted to. — Rus. Reg. 1985. 

Pillage. 

Art. 7. A town or place, even when taken by storm, may not be 
pillaged.— IX, H. C. 1907. 

Art. 18. Le pillage et la devastation sont interdits. II est interdit 
de detruire des proprietes ennemies, hors les cas ou ces destructions 
seraient imperieusement commandees par les necessites da la guerre 
ou autorisees par les dispositions du present reglement. — Institut, 
1913. 

112. It is forbidden to give over to pillage a town or place, even 
when taken by assault. — U. S. Ins. 1917. 

Aircraft, discharge of explosives. 

The contracting powers agree to prohibit, for a period extending 
to the close of the Third Peace Conference, the discharge of pro- 
jectiles and explosives from balloons or by other new methods of a 
similar nature.— XIV, H. C. 1907. 

Asphyxiating gases. 

2. The contracting powers agree to abstain from the use of pro- 
jectiles the sole object of which is the diffusion of asphyxiating or 
deleterious gases. — IV, H. C. 1899. 

Expanding bullets. 

3. The contracting parties agree to abstain from the use of bullets 
which expand or flatten easily in the human body, such as bullets 

6888—26 13 



184 REGULATION OF MARITIME WARFARE 

with a hard envelope which does not entirely cover the core, or is 
pierced with incisions. — IV, H. C. 1899. 

REQUISITIONS 
Of persons. 

Art. 69. F. Kequisition des nationaux de l'Etat ennemi: Guides, 
pilotes et otages. Le belligerant n'a pas le droit de forcer les indi- 
vidus qui tombent en son pouvoir, et d'une maniere generale les 
nationaux de la partie adverse, a prendre part aux operations de 
guerre dirigees contre leur pays, meme dans le cas ou ils auraient 
ete a son service avant le commencement de la guerre, ainsi que de 
les contraindre a donner des renseignements sur leur propre Etat, ses 
forces, sa position militaire ou ses moyens de defense. 

II ne pourra les obliber a lui servir de guides ou de pilotes. 

II pourra toutefois punir ceux qui sciemment et volontairement 
se seront offerts pour l'induire en erreur. 

II n'est pas permis de forcer les nationaux d'lm belligerant a 
preter serment a la puissance ennemie. 

II est interdit de prendre des otages. — Institut, 1913. 

„. • . . MINES AND TORPEDOES 

Prohibitions. 

Art. 1. It is forbidden — 

1. To lay unanchored automatic contact mines, except when they 
are so constructed as to become harmless one hour at most after the 
person who laid them ceases to control them. 

2. To lay anchored automatic contact mines which do not become 
harmless as soon as they have broken loose from their moorings. 

3. To use torpedoes which do not become harmless when they have 
missed their mark.— VIII, H. C. 1907. 

Art. 19. TorpUles. — II est interdit de faire usage de torpilles qui 
ne deviennent pas inoffensives lorsqu'elles auront manque leur but. — 
Institut, 1913. 

Art. 20. Mines sous -marines. — II est interdit de placer en pleine 
mer des mines automatiques de contact, amarrees ou non. — Institut, 
1913. 

Art. 21. Les belligerants peuvent placer des mines dans leurs eaux 
territoriales et dans celles de l'ennemi. Mais il leur est interdit, 
meme dans ces eaux territoriales : 

1. De placer des mines automatiques de contact non amarrees, k 
moins qu'elles ne soient construites de maniere a devenir inoffensives 
une heure au maximum apres que celui qui les a placees en aura 
perdu le controle. 

2. De placer des mines automatiques de contact amarrees qui ne 
deviennent pas inoffensives des qu'elles auront rompu leurs amarres. — 
Institut, 1913. 



MEANS AND METHODS OF WARFARE 185 

Commercial blockade. 

Art. 2. It is forbidden to lay automatic contact mines off the 
coast and ports of the enemy, with the sole object of intercepting 
commercial shipping. — VIII, H. C. 1907. 

Art. 22. Un belligerant ne peut placer des mines devant les cotes 
et les ports de son adversaire que pour des buts navals et militaires. 
II leur est interdit de les y placer pour etablir ou maintenir un 
blocus de commerce. — Institut, 1913. 

Notification. 

Art. 3. When anchored automatic contact mines are employed, 
every possible precaution must be taken for the security of peaceful 
shipping. The belligerents undertake to do their utmost to render 
these mines harmless within a limited time, and, should they cease 
to be under surveillance, to notify the danger zones as soon as mili- 
tary exigencies permit, by a notice addressed to ship owners, which 
must also be communicated to the governments through the diplo- 
matic channel.— VIII, H. C. 1907. 

Art. 23. Lorsque des mines automatiques de contact, amarrees ou 
non amarrees, sont employees, toutes les precautions doivent etre 
prises pour la securite de la navigation pacifique. Les bellige- 
rants pourvoiront notamment, dans la mesure du possible, a ce que 
les mines deviennent inoffensives apres un laps de temps limite. 
Dans le cas ou les mines cesseraient d'etre surveillees par eux, les 
belligerants signaleront les regions dangereuses, aussitot que les 
exigences militaires le permettront, par un avis a la navigation, qui 
devra aussi etre communique aux gouvernements par la voie diplo- 
matique. — Institut, 1913. 

Removal. 

Art. 5. At the close of the war, the contracting powers undertake 
to do their utmost to remove the mines which they had laid, each 
power removing its own mines. As regards anchored automatic 
contact mines laid by one of the belligerents off the coast of the 
other, their position must be notified to the other party by the power 
which laid them, and each power must proceed with the least pos- 
sible delay to remove the mines in its own waters. — VIII, H. C. 1907. 

Art. 24. A la fin de la guerre, les Etats belligerants feront tout 
ce qui depend d'eux, pour enlever, chacun de son cote, les mines 
qu'ils auront placees. Quant aux mines automatiques de contact 
amarrees que Pun des belligerants aurait laissees sur les cotes de 
l'autre, l'emplacement en sera notifie a l'autre partie par l'Etat 
qui les aura posees, et chaque Etat devra proceder, dans le plus bref 
delai, a l'enlevement des mines qui se trouvent dans ses eaux. Les 
Etats belligerants auxquels incombe l'obligation d'enlever les mines 
apres la fin de la lutte devront, dans le plus bref delai possible, faire 



186 REGULATION OF MARITIME WARFARE 

connaitre que Penlevement de ces mines a ete termine dans la mesure 
du possible. — Institut, 1913. 

Use by neutral. 

Art. 4. Neutral powers which lay automatic contact mines off their 
coasts must observe the same rules and take the same precautions as 
are imposed on belligerents. The neutral power must inform ship- 
owners, by a notice issued in advance, where automatic contact mines 
have been laid. This notice must be communicated at once to the 
governments through the diplomatic channel. — VIII, H. C. 1907 



BOMBARDMENT 

Notification. 

Art. 6. If the military situation permits, the commander of the 
attacking naval force, before commencing the bombardment, must 
do his utmost to warn the authorities. — -IX, H. C. 1907. 

Art. 29. Sauf le cas ou les exigences militaires ne le permettraient 
pas, le commandant de la force navale assaillante doit, avant d'entre- 
prendre le bombardement, f aire tout ce qui depend de lui pour avertir 
les autorites. — Institut, 1913. 

111. Unless the military exigencies will not permit, the commander 
of the attacking naval force, before commencing the bombardment, 
must do his utmost to warn the authorities. — U. S. Ins. 1917. 

Exemptions. 

Art. 5. In bombardments by naval forces all the necessary 
measures must be taken by the commander to spare as far as possible 
sacred edifices, buildings used for artistic, scientific, or charitable 
purposes, historic monuments, hospitals, and places where the sick 
or wounded are collected, on the understanding that they are not 
used at the same time for military purposes. It is the duty of in- 
habitants to indicate such monuments, edifices, or places by visible 
signs, which shall consist of large stiff rectangular panels divided 
diagonally into two colored triangular portions, the upper por- 
tion black, the lower portion white. — IX, H. C. 1907. 

Art. 28. Dans le bombardement toute devastation inutile reste 
interdite et, notamment, toutes les mesures doivent etre prises par le 
commandant de la force assaillante pour epargner, autant que pos- 
sible, les edifices consacres aux cultes, aux arts, aux sciences et a la 
bienfaisance, les monuments historiques, les hopitaux et les lieux de 
rassemblement de malades ou de blesses, a condition qu' ils ne soient 
pas employes en meme temps a un but militaire. 

Le devoir des habitants est de designer ces monuments, ces edi- 
fices ou lieux de rassemblement par des signes visibles, qui consister- 
ont en grands panneaux rectangulaires regides, partages, suivant une 



BOMBARDMENT 187 

des diagonales, en deux triangles de couleur, noire en haut et blanche 
en bas. — Institut, 1913. 

109. In bombardments by naval forces all necessary measures must 
be taken by the commander to spare as far as possible, buildings 
devoted to religion, to the arts and sciences, or to charitable purposes, 
historic monuments, hospitals, and places where the sick or wounded 
are collected, on condition that they are not used at the same time 
for military purposes. — U. S. Ins. 1917. 

110. It is the duty of the inhabitants to indicate such monuments, 
edifices, or places by visible signs, which shall consist of large stiff 
rectangular panels divided diagonally into two colored triangular 
portions, the upper portion black, the lower portion white. — U. S. 
Ins. 1917. 

Undefended towns. 

Art. 1. The bombardment by naval forces of undefended ports, 
towns, villages, dwellings, or buildings is forbidden. A place can 
not be bombarded solely because automatic submarine contact mines 
are anchored off the harbor. — IX, H. C. 1907. 

Art. 25. Bonibar dement. — II est interdit de bombarder des ports, 
villes, villages, habitations ou batiments qui ne se def endent pas. 
Une localite ne peut pas etre bombardee a raison du seul fait que, 
devant ses cotes se trouvent mouillees des mines sous-marines auto- 
matiques de contact. — Institut, 1913. 

100. The attack or bombardment, by whatever means, of towns, 
villages, dwellings, or buildings which are undefended is pro- 
hibited.— U. S. Ins. 1917. 

101. The bombardment by naval forces of undefended ports, towns, 
villages, dwellings, or buildings is forbidden. — U. S. Ins. 1917. 

Mine defenses. 

102. A place can not be bombarded solely because automatic sub- 
marine contact mines are anchored off the harbor. — U. S. Ins. 1917. 

Military works. 

Art. 2. Military works, military or naval establishments, depots 
of arms or war materiel, workshops, or plant which could be utilized 
for the needs of the hostile fleet or army, and the ships of war in the 
harbor, are not, however, included in this prohibition. The com- 
mander of a naval force may destroy them with artillery, after a 
summons followed by a reasonable time of waiting, if all other means 
are impossible, and when the local authorities have not themselves 
destroyed them within the time fixed. He incurs no responsibility 
for any unavoidable damage which may be caused by a bombard- 
ment under such circumstances. If for military reasons immediate 
action is necessary, and no delay can be allowed the enemy, it is 
understood that the prohibition to bombard the undefended town 



188 REGULATION OF MARITIME WARFARE 

holds good, as in the case given in paragraph 1, and that the com- 
mander shall take all due measures in order that the town may suii'er 
as little harm as possible. — IX, H. C. 1907. 

Art. 26. Toutefois ne sont pas compris dans cette interdiction les 
ouvrages militaires, etablissements militaires ou navals, depots 
d'armes ou de materiel de guerre, ateliers et installations propres a 
etre utilises pour les besoins de la fiotte ou de l'armee ennemie et les 
na vires de guerre se trouvant dans le port. Le commandant d'une 
force navale pourra, apres sommation avec delai raisonnable, les 
detruire par le canon, si tout autre moyen est impossible et lorsque 
K Rutoritfcs locales n'auront pas procede a cete destruction dans le 
delai fixe. II n'encourt aucune responsabilite dans ce cas pour les 
dommages involontaires qui pourraient etre occasionnes par le bom- 
bardement. Si des necessites militaires exigeant une action immedi- 
ate ne permettaient pas d'accorder de delai, il reste entendu que Fin- 
terdiction de bombarder une ville qui ne se defend pas, subsiste 
comme dans le cas enonce dans l'alinea 1 et que le commandant 
prendra toutes les dispositions voulues pour qu'il en resulte pour 
cette ville le moins d 'inconvenient s possibles. — Institut, 1913. 

103. Military works, military or naval establishments, depots of 
arms or war materiel, workshops or plants which could be utilized 
for the needs of the hostile fleet or army, and the ships of war in 
the harbor, are not, however, included in the foregoing prohibition. 
The commander of a naval force may destroy them with artillery, 
after a summons followed by a reasonable delay, if all other means 
are impossible, and when the local authorities have not themselves 
destroyed them within the time fixed. — U. S. Ins. 1917. 

Unavoidable damage. 

104. The commander incurs no responsibility for any unavoidable 
damage which may be caused by a bombardment under such cir- 
cumstances. — U. S. Ins. 1917. 

Precautions. 

105. If military necessity demanding immediate action permits 
no delay, nevertheless the prohibition to bombard undefended towns 
holds good, and the commander shall take all requisite measures 
in order that the town may suffer as little harm as possible. — U. S. 
Ins. 1917. 

Requisitions. 

Art. 3. After due notice has been given, the bombardment of un- 
defended ports, towns, villages, dwellings, or buildings may be com- 
menced, if the local authorities, after a formal summons has been 
made to them, decline to comply with requisitions for provisions or 
supplies necessary for the immediate use of the naval force before 
the place in question. 



WAR ZONES 189 

These requisitions shall be in proportion to the resources of the 
place. They shall only be demanded in the name of the commander 
of the said naval force, and they shall, as far as possible, be paid for 
in cash ; if not, they shall be evidenced by receipts. — IX, H. C. 1907. 

Art. 27. Est interdit le bombardement pour le non paiement des 
contributions en argent, et en cas de refus d'obtemperer a des 
requisitions de vivres ou d'approvisionnements, des ports, villes, 
villages, habitations ou batiments qui ne se defendent pas. — Institut, 
1913. 

106. After explicit notice has been given, the bombardment of 
undefended ports, towns, villages, dwellings, or buildings may be 
proceeded with, if the local authorities, after a formal summons has 
been made to them, decline to comply with requisitions for pro- 
visions or supplies necessary for the immediate needs of the naval 
force before the place in question. — U. S. Ins. 1917. 

107. These requisitions shall be in proportion to the resources of 
the place. They shall only be demanded in the name of the com- 
mander of the naval force, and they shall, as far as possible, be paid 
for in cash; if not, they shall be acknowledged by receipts. — U. S. 
Ins. 1917. 

Contributions. 

Art. 4. Undefended ports, towns, villages, dwellings, or buildiogs 
ma} 7 not be bombarded on account of failure to pay money contribu- 
tions.— IX, H. C. 1907. 

108. The bombardment of undefended towns, villages, dwellings, 
or buildings on account of the nonpayment of money contributions 
is forbidden.— U. S. Ins. 1917. 



WAR ZONES 



Art. 50. Droits du oelligerant dans la zone de ses operations. — 
Alors qu'il n'aurait pas le droit de les saisir ou de les capturer, un 
belligerant peut, meme en haute mer, defendre aux navires de 
l'ennemi d'entrer dans la zone correspondant a la sphere d'action 
actuelle de ses operations. 

II peut aussi leur interdire dans cette zone certains actes suscep- 
tibles de nuire a son action, notamment certains actes de communi- 
cation, comme par exemple la telegraphie sans fil. 

La simple infraction a ces interdictions entrainera le refoulement, 
meme par la force, du navire hors de la zone interdite et le sequestre 
des appareils. Le navire, s'il est etabli qu'il a communique avec 
l'ennemi pour lui fournir des renseignements sur la conduite des 
hostilites, pourra etre considere comme s'etant mis a son service et 



190 REGULATION OF MARITIME WARFARE 

sera par suite passible de capture ainsi que ses appareils. — Institut, 
1913. 



RETALIATION 

Art. 3. In case an enemy does not observe the rules and customs 
of hostilities and commits unlawful actions, a Japanese naval com- 
mander may take steps in retaliation, if the delinquent is not in his 
power and if reparation for the damages is not obtained, but only 
when the case is of great necessity. Such retaliation, however, shall 
not be contrary to humanity and shall not exceed the damages 
inflicted by the enemy. — Jap. Reg. 1914. 



OCCUPATION 

Occupation, territorial waters. 

Art. 88. Occupation: Etendue et effets. — L'occupation d'un terri- 
toire maritime, c'est-a-dire des golfes, baies, rades, ports et eaux 
territoriales, n'existe que dans les cas ou il y a en meme temps 
occupation du territoire continental, soit par une force navale, soit 
par une force militaire. L'occupation est, en ce cas, soumise aux 
iois et usages de la guerre terrestre. — Institut, 1913. 



COMBATANTS 

Personnel, military combatants. 

Art. 11. Personnel belligerant. — Font partie de la force armee 
dim Etat belligerant et sont des lors soumis comme tels aux lois de 
la guerre maritime, en tant qu'ils accomplissent des operations sur 
mer : 

1. Le personnel des batiments indiques a l'article 2. 

2. Les troupes de l'armee de mer, active ou de reserve. 

3. Le personnel militarise existant sur les cotes. 

4. Les troupes regulieres ou regulierement organisees conforme- 
ment a l'article 1 du Reglement de La Haye du 18 octobre 1907 
concernant les lois et coutumes de la guerre sur terre, autres que 
celles de l'armee de mer. — Institut, 1913. 

Levee en masse. 

Art. 13. Population du territoire non occupe. — La population 
d'un territoire non occupe qui, a l'approche de l'ennemi, arme 
spontanement des navires pour le combattre, sans avoir eu le temps 
de les faire transformer en batiments de guerre conformement aux 
articles 3 et suivants, sera considered comme belligerante si elle 



PRISONERS OF WAR 191 

agit ouvertement et si elle respecte les lois et usages de la guerre. — 
Institut, 1913. 

Spies, definition. 

Art. 67. — On ne doit considerer comme espion que l'individu 
qui agissant clandestinement ou sous de faux pretextes, et dissi- 
mulant ainsi ses operations, recueille ou cherche a recueillir des 
informations dans la zone d'operations d'un belligerant avec l'inten- 
tion de les communiquer a la partie adverse. 

Ne peuvent, des lors, etre reputes espions et sont soumis au traite- 
ment des prisonniers de guerre, s'ils sont captures, les militaires non 
deguises qui ont penetre dans la zone d'operations de la flotte 
ennemie a l'effet de recueillir des informations. De meme, ne sont pas 
regardes comme espions les militaires et les non militaires accomplis- 
sant ouvertement leur mission, qui sont charges de transmettre des 
depeches, on qui se livrent a la transmission et a la reception de 
depeches par telegraphie sans fil. A cette categorie appartiennent 
egalement les individus envoyes en aeronefs ou en hydroaeroplanes 
pour faire un service d'exploration dans la zone d'operations de la 
iiotte ennemie ou pour entretenir des communications. — Institut, 
1913. 

Spies, punishment. 

Art. 66. E. Espions. — L 'espion, meme pris sur le fait, ne peut 
etre puni sans jugement prealable. — Institut, 1913. 

Spies, previous act. 

Art. 68. L'espion qui reussit a sortir de la zone correspondant a la 
sphere d'action actuelle des operations de l'ennemi, ou qui a rejoint 
la force armee a laquelle il appartient, n'encourt, s'il tombe plus tard 
au pouvoir de l'ennemi, aucune responsabilite pour ses actes an- 
terieurs. — Institut, 1913. 



PRISONERS OF WAR 

Prisoners of war, treatment. 

Art. 70. G. Prisonniers de guerre. — Les prisonniers de guerre 
sont au pouvoir du gouvernement ennemi, mais non des individus 
ou des corps qui les ont captures. 

lis doivent etre traites avec humanite. 

Tout ce qui leur appartient personnellement (excepte les armes, 
les chevaux, les papiers militaires, et en general tous objets speciale- 
ment adaptes a un but militaire), reste leur propriety. — Institut, 1913. 

Art. 71. Les prisonniers de guerre ne peuvent etre assujettis a 
1'internement sur un navire qu'en cas de necessite et temporaire- 
ment. — Institut, 1913. 



192 REGULATION OF MARITIME WARFARE 

Art. 72. Le gouvernement au pouvoir duquel se trouvent les 
prisonniers de guerre est charge de leur entretien. — Institut, 1913. 

Art. 73. Tous les prisonniers de guerre seront, aussi longtemps 
qu'ils se trouvent a bord d'un navire, soumis aux lois, reglements 
et ordres en vigueur dans la flotte de l'Etat au pouvoir duquel ils 
se trouvent. — Institut, 1913. 

Attempt to escape. 

Art. 74. Les prisonniers evades qui seraient repris avant d'avoir 
pu reussir a sortir de la sphere d'action actuelle de l'ennemi, ou 
a^vant d'avoir pu rejoindre la force armee a laquelle ils appartiennent, 
sont passibles de peines disciplinaires. 

Les prisonniers qui, apres avoir reussi a s'evader, sont de nouveau 
faits prisonniers, ne sont passibles d'aucune peine pour la fuite 
anterieure. — Institut, 1913. 

Grade. 

Art. 75. Chaque prisonnier de guerre est tenu de declarer, s'il est 
interroge a ce sujet, ses veritables noni et grade, et, dans le cas ou 
il enfreindrait cette regie, il s'exposerait a, une restriction des 
avantages accordes aux prisonniers de guerre de sa categoric — 
Institut, 1913. 

Parole. 

Art. 76. Les prisonniers de guerre peuvent etre mis en liberte 
sur parole, si les lois de leur pays les y autorisent, et, en pareil cas, 
ils sont obliges, sous la garantie de leur honneur personnel, de rem- 
plir scrupuleusement tant vis-a-vis de leur propre gouvernement que 
vis-a-vis de celui qui les a faits prisonniers, les engagements qu' ils 
auraient contractus. 

Dans le meme cas, leur propre gouvernement est tenu de n'exiger 
ni accepter d'eux aucun service contraire a la parole donnee. — In- 
stitut, 1913. 

Art. 77. Un prisonnier de guerre ne peut etre contraint d'accepter 
sa liberte sur parole; de meme le gouvernement ennemi n'est pas 
oblige d'acceder a la demande du prisonnier reclamant sa mise en 
liberte sur parole. — Institut, 1913. 

Art. 78. Tout prisonnier de guerre, libere sur parole et repris 
portant les armes contre le gouvernement envers lequel il s'etait 
engage d'honneur, ou contre les allies de celui-ci, perd le droit au 
traitement des prisonniers de guerre et peut etre traduit devant le 
tribunal, a moins que, posterieurement a sa liberation, il n'ait ete 
compris dans un cartel d'echange sans conditions. — Institut, 1913. 

On land. 

Art. 79. Les prisonniers de la guerre maritime debarques sur le 
territoire continental sont soumis aux regies etablies pour les prison- 



WOUNDED AND DEAD 193 

niers de la guerre terrestre. Les memes regies doivent etre ap- 
pliquees, dans la mesure du possible, aux prisonniers de guerre in- 
ternes sur un navire. Les regies qui precedent, dans la mesure ou il 
est possible de les appliquer, doivent etre suivies vis-a-vis des prison- 
ternes sur un navire. Les regies qui precedent, dans la mesure ou il 
navire qui les conduit au lieu de leur internement. — Institut, 1913. 

After war. 

Art. 80. Apres la conclusion de la paix, le repatriement des prison- 
niers de guerre s'effectuera dans le plus bref delai possible — Institute 
1913. 



WOUNDED AND DEAD 

Wounded, care of. 

Art. 11. Sailors and soldiers on board when sick or wounded, as 
well as other persons officially attached to fleets or armies, whatever 
their nationality, shall be respected and tended by the captors. — 
X, H. C. 1907. 

Art. 82. Dans le cas de prise ou de saisie d'un navire ennemi ou 
d'un batiment hospitalier qui a manque a ses obligations, les marins 
et les militaires embarques et les autres personnes omciellement at- 
tachees aux marines ou aux armees, blesses, malades ou naufrages, 
a quelque nation qu'ils appartiennent, seront respectes et soignes 
par les capteurs. — Institut, 1913. 

113. Officers will be governed by the provisions of Convention III, 
Hague, 1899, and Convention X, Hague, 1907, for the adaptation 
to maritime warfare of the principles of the Geneva convention. — 
U. S. Ins. 1917. 

Art. 81. H. Blesses, malades, naufrages et morts. — Les batiments 
employes au service hospitalier porteront secours et assistance aux 
blesses, malades et naufrages des belligerants sans distinction de 
nationality. — Institut, 1913. 

Art. XL Wounded or sick sailors and soldiers, when embarked, 
to whatever nation they may belong, shall be protected and taken 
care of by their captors. Their return to their own country is sub- 
ject to the condition that they are bound not to bear arms again 
during the war. — Spain, Ins. 1898. 

Transfer to warship. 

Art. 12. Any warship belonging to a belligerent may demand 
that sick, wounded, or shipwrecked men on board military hospital 
ships, hospital ships belonging to relief societies or to private indi- 
viduals, merchant ships, yachts, or boats, whatever the nationality 
of these vessels, should be handed over. — X, H. C. 1907. 

Art. 83. Tout vaisseau de guerre d'une partie belligerante peut 
reclamer la remise des blesses, malades ou naufrages, qui sont a 



194 REGULATION OF MARITIME WARFARE 

bord des batiments-hopitaux militaires, de bailments hospitaliers de 
societes de secours ou de particuliers, de navires de commerce, yachts 
et embarcations quelle que soit la nationalite de ces batiments. — 
Institut, 1913. 

Transfer to neutral vessel. 

Art. 13. If sick, wounded, or shipwrecked persons are taken on 
board a neutral warship, every possible precaution must be taken 
that they do not again take part in the operations of the war. — 
X, H. C. 1907. 

Prisoners of war. 

Art. 14. The shipwrecked, wounded, or sick of one of the bel- 
ligerents who fall into the power of the other belligerent are pris- 
oners of war. The captor must decide, according to circumstances, 
whether to keep them, send them to a port of his own country, to a 
neutral port, or even to an enemy port. In this last case, prisoners 
thus repatriated can not serve again while the war lasts. — X, H. C. 
1907. 

Art. 84. Sont prisonniers de guerre les naufrages, blesses ou 
malades d'un belligerant qui tombent au pouvoir de l'autre. II ap- 
partient a celui-ci de decider suivant les circonstances, s'il convieht 
de les garder, de les diriger sur un port de sa nation, sur un port 
neutre ou meme sur un port de son adversaire. Dans ce dernier cas, 
les prisonniers ainsi rendus a leur pays ne pourront servir pendant 
la duree de la guerre. — Institut, 1913. 

Internment in neutral territory. 

Art. 15. The shipwrecked, sick, or wounded, who are landed at a 
neutral port with the consent of the local authorities, must, unless an 
arrangement is made to the contrary between the neutral state and 
the belligerent states, be guarded by the neutral state so as to pre- 
vent them again taking part in the operations of the war. The 
expenses of tending them in hospital and interning them shall be 
borne by the state to which the shipwrecked, sick, or wounded per- 
sons belong.— X, H. C. 1907. 

Care of in joint land and sea operations. 

Art. 22. In the case of operations of war between the land and 
sea forces of belligerents, the provisions of the present convention 
do not apply except between the forces actually on board ship. — 
X, H. C. 1907. 

Art. 87. En cas d'operations de guerre entre les forces de terre 
et de mer des belligerants, les dispositions du present reglement sur 
l'assistance hospitaliere ne seront applicables qu'aux forces embar- 
quees. — Institut, 1913. 



CONVENTIONS BETWEEN BELLIGERENTS 195 

Wounded and dead, search for. 

Art. 16. After every engagement, the two belligerents, so far as 
military interests permit, shall take steps to look for the ship- 
wrecked, sick, and wounded, and to protect them, as well as the dead, 
against pillage and ill treatment. They shall see that the burial, 
whether by land or sea, or cremation of the dead shall be preceded 
by a careful examination of the corpse. — X, H. C. 1907. 

Art. 85. Apres chaque combat, les deux parties belligerantes, en 
tant que les interets militaires le comporteront, prendront des mesures 
pour rechercher les naufrages, les blesses et les malades, et pour les 
faire proteger ainsi que les morts, contre le pillage et les mauvais 
traitements. Elles veilleront a ce que l'inhumation, l'immersion ou 
1 'incineration des morts soit precedee d'un examen attentif de leurs 
cadavres. — Institut, 1913. 

Notification. 

Art. 17. Each belligerent shall send, as early as possible, to the 
authorities of their country, navy, or army the military marks or 
documents of identity found on the dead and the description of the 
sick and wounded picked up by him. The belligerents shall keep 
each other informed as to internments and transfers, as well as to 
the admissions into hospital and deaths which have occurred among 
the sick and wounded in their hands. They shall collect all the 
objects of personal use, valuables, letters, etc., which are found in 
the captured ships, or which have been left by the sick or wounded 
who died in hospital, in order to have them forwarded to the persons 
concerned by the authorities of their own country. — X, H. C. 1907. 

Art. 86. Chaque belligerant enverra, des qu'il sera possible, aux 
autorites de leur pays, de leur marine ou de leur armee, les marques 
ou pieces militaires d'identite trouvees sur les et morts et l'etat nomi- 
natif des blesses ou malades recueillis par lui. Les belligerants se 
iiendront reciproquement au courant des internements et des muta- 
tions, ainsi que des entrees dans les hopitaux et des deces survenus 
parmi les blesses et malades en leur pouvoir. lis recueilleront, pour 
les faire transmettre aux interesses par les autorites de leur pays, 
tons les objets d'un usage personnel, valeurs, lettres, etc., qui seront 
trouves dans les vaisseaux pris ou saisis, ou qui seront delaisses par 
les blesses ou malades decedes dans les hopitaux. — Institut, 1913. 



CONVENTIONS BETWEEN BELLIGERENTS 

Art. 89. Regies generates. — Le commandant de toute force navale 
belligerante peut conclure des conventions de nature purement mili- 
taire concernant les forces sous ses ordres. II ne peut, sans autorisa- 



196 REGULATION OF MARITIME WARFARE 

tion de son gouvernement, conclure aucune convention ayant un 
caractere politique, telle qu'un armistice general. — Institut, 1913. 

Observance. 

Art. 90. Toutes conventions entre belligerants doivent tenir 
compte des regies de l'honneur militaire et, une fois fixees, doivent 
etre scrupuleusement observees par les deux parties. — Institut, 1913. 

Capitulations. 

Art. 91. Capitulations. — Apres avoir conclu une capitulation, le 
commandant ne peut endommager ni detruire les navires, objets ou 
approvisionnements en sa possession qu'il doit livrer, a moins que le 
droit d'agir ainsi ne lui ait ete expressement reserve dans la capitula- 
tion. — Institut, 1913. 

Armistice. 

Art. 92. ^7m£sfoV6.— »-L'armistice suspend les operations de la 
guerre. Les blocus etablis au moment de l'armistice ne sont pas 
leves, a moins d'une stipulation speciale dans la convention. Le droit 
de visite continue a pouvoir etre exerce. Le droit de capture cesse 
hormis les cas ou ce droit existerait a l'egard des navires neutres. 

Art. 93. L'armistice peut etre general ou partiel. Le premier 
suspend partout les operations de guerre des Etats belligerants; le 
second seulement entre certaines fractions de forces belligerantes et 
dans un rayon determine. 

Art. 94. La convention qui stipule un armistice doit indiquer avec 
precision le moment ou il commence et celui ou il doit finir. L'arm- 
istice doit etre notifie omciellement et en temps utile par chaque bel- 
ligerant aux autorites competentes ainsi qu'aux forces interessees. 

Art. 95. Les hostilites sont suspendues au terme fixe par la con- 
vention, ou, si un terme n'a pas ete etabli, immediatement apres la 
notification de l'armistice. Si la duree de l'armistice n'a pas ete 
determined, les parties belligerantes peuvent reprendre en tout temps 
les operations, pourvu toutefois que l'ennemi soit averti en temps 
utile. 

Art. 96. Les clauses de l'armistice naval fixeront, au cas ou elles 
admettraient l'acces des batiments de guerre des belligerants a cer- 
tains points du littoral ennemi, les conditions de cet acces et les 
rapports de ces batiments soit avec les autorites locales, soit avec les 
populations. 

Art. 97. Toute violation grave de l'armistice par l'une des parties 
donne a l'autre le droit de le denoncer et meme, en cas d'urgence, de 
reprendre immediatement les hostilites. 

Art. 98. La violation des clauses de l'armistice par des particu- 
liers isoles, agissant de leur propre initiative, donne droit seulement 
a reclamer la punition des coupables et, s'il y a lieu, une indemnite 
pour les pertes eprouvees. — Institut, 1913. 



RESPONSIBILITY 197 

Suspension of arms. 

Art. 99. Suspension oVamrnes. — La suspension d'armes doit, comme 
l'armistice, fixer avec precision le point de depart de l'arret des 
hostilites et le moment ou doit cesser son effet. S'il n'y a pas de 
delai fixe pour la reprise des hostilites, le belligerant qui se propose 
de continuer la lutte doit en prevenir Pennemi en temps utile. La 
rupture d'une suspension d'armes par l'un des belligerants ou par 
des particuliers isoles entraine les consequences visees aux articles 
97 et 98.— Institut, 1913. 

Termination of war. 

Art. 116. Paix. — Les actes d'hostilite doivent cesser par la signa- 
ture de la paix. L'avis de la fin de la guerre doit etre notifie dans 
le plus bref delai par chaque gouvernement au commandant de ses 
forces navales. Lorsque des actes hostiles ont ete accomplis apres 
la signature de la paix, on doit, autant que possible, remettre les 
choses en etat. Lorsqu'ils ont ete accomplis apres connaissance de 
l'avis officiel du traite de paix, ils donneront lieu a une indemnite et 
a la punition des coupables. — Institut, 1913. 



RESPONSIBILITY 

Criminal responsibility. 

Art. 21. The signatory powers likewise undertake to enact or to 
propose to their legislatures, if their criminal laws are inadequate 
the measures necessary for checking in time of war individual acts 
of pillage and ill-treatment in respect to the sick and wounded in 
the fleet, as well as for punishing, as an unjustifiable adoption of 
naval or military marks, the unauthorized use of the distinctive 
marks mentioned in Article V by vessels not protected by the pres- 
ent convention. They will communicate to each other, through the 
Netherlands Government, the enactments for preventing such acts at 
the latest within five years of the ratification of the present con- 
vention.— X, H. C. 1907. 



INDEX 

Pag* 

Armistice 196 

Asylum : 

Refusal of 83 

To prize 82 

Base 9 

Blockade 111,112 

Area 132 

Continuous voyage 138 

Days of grace 135 

Declaration and notification 126 

Definition 126 

Effectiveness 133 

Exemption 140 

Hot pursuit 136 

Knowledge of 130 

Liability for _ - ™. M 130 

Liability of vessel and cargo 136 

Notification of extension 135 

Passage 139 

Permit to enter 139 

Previous offense 135 

Purpose 134 

Radius of action 136 

Special notification 131, 132 

Suspension 134 

Temporary raising 135 

Vessels ignorant of 135 

Violation 138 

Bombardment : 

Contributions 180 

Exemptions 186 

Military works 187 

Mine defenses 187 

Notification 186 

Precautions 188 

Requisitions 288 

Unavoidable damage Igg 

Undefended towns 287 

Bosphorus and the Dardanelles 4 

Cables 178 

Between enemy territory 279 

Between neutral and enemy territory 179, 

Between neutrals 279. 

Nationality of owner 27$ 

6888—26 14 299 



200 INDEX 

Page 

Capitulations 196 

Capture 87, 121 

Definition 45 

Display of flag 46 

During an armistice 18 

Formalities 47 

Joint 46 

Justifiable 46 

Proper 46 

Cargo _ 113 

Liability _ 111 

Owner 107 

Cartel ships 91, 98 

Channels, international 4 

Closed trade 106 

Coaling 8 

Combatants : 

Levee en masse 190 

Military 190 

Personnel 190 

Communication 178 

Confiscation, definition 84 

Congo 4 

Contraband 112, 113, 166 

Absolute 147, 148 

Continuous voyage 149 

Amount 111 

Conditional 150 

Continuous voyage 155 

Destination 152 

Destination of vessel 153 

^ List 150 

Notification 152 

Continuous voyage 143 

Costs 165 

Delivery at sea 165 

Destination 142,143 

Export 141 

False destination 143 

Goods of owner 165 

Ignorance of war 162 

Liability 159 

Liability of vessel 159 

List 143, 144 

Previous offense 162 

Radius of liability 161 

Supply by neutral government 140 

Transit 141 

Transportation 146 

Conventions between belligerents 195 

Conversion : 

Notification 120 

Of war vessel ■ 121 

Place 121 



INDEX 201 

Page 

Convoy 121 

Enemy . 125 

Exemption from visit and search 122 

Neutral 122, 123 

Objection to 122 

Suspected vessel 121 

Corfu and Paxe 4 

Danube 4 

Days of grace: 

Blockade 135 

Cargo 15 

Detention : 

Force majeure 13 

With compensation 13 

Lack of papers 16 

Limits of exemption 16 

Vessels ignorant of war 12 

Vessels in port 12 

Vessels on high seas 14 

Vessels with a pass 12 

Dead, treatment of 195 

Declaration of London, nature of provisions 1 

Declaration of Paris 2 

Delivery of goods at sea 165 

Delivery of persons at sea 176 

Departure, order 7 

Destination 141 

Of contraband 142, 143 

Presumption 142 

Destruction 72 

Cargo 77 

At sea 79 

Compensation 76 

Enemy prizes 77 

Forbidden 76 

Neutral vessel 74 

Obstruction of navigation 79 

Proof of necessity 76 

Report on 80 

Responsibility 77 

Salvage of cargo 80 

Domicile 109 

Dum dum bullets 183 

Enemy character 103, 104 

Cargo 107 

Duration 108 

How determined 103 

Merchandise 106 

Trading with the enemy 87 

Vessels 103 

Enemy countries 109 

Enemy property 87 

Enemy postal correspondence 101 



202 INDEX 

Page 

Enemy .vessels 104 

Escape 119 

Exemptions, enemy vessels 91 

Fishing vessels 99 

Flag 106 

Transfer of 104, 105 

Free goods 166 

Gases, asphyxiating or deleterious 183 

General provisions 1, 2 

Goods : 

Enemy character 107 

Presumption 108 

Produce of enemy soil 108 

Transfers in transitu 108 

Grounds of capture 87 

Hospital ships 193 

Distinguishing marks 96 

Duties and privileges 96 

Limit of exemption 97 

Private 95 

Public 94 

Hospital wards 97 

Immunity : 

Enemy property under neutral flag 91 

General 90 

Private property 90 

Innocent passage 6 

Internment : 

General 9 

Submarines 10 

Letters of marque H9 

Levee en masse 100 

Liability : 

Enemy vessel ^9 

Goods %8 

Vessels communicating with enemy 88 

al 
Mail 



Local trade " 



Inviolability 1° 2 

Not to be searched 101 

To be forwarded 101 » 1° 2 

To blockaded port 

To enemy authorities *01 

Mail ship: 

Search 102 

Subject to law 102 

Maritime warfare, general provisions: Declaration of London 1 

Merchant ship: 

120 
Command 

121 

Conversion of 

120 
Distinguishing marks 

Observance of law 

State control 



INDEX 203 

Mines : Page 

Commercial blockade 185 

Notification 185 

Prohibitions 184 

Removal 185 

Use by neutral 186 

Neutral duty 5 

Neutral jurisdiction : 

Base 9 

Belligerents to respect „ 3 

Damages 5 

Inviolability 3, 5 

No hostilities in 3 

No prize court in 5 

No visit, search, or capture 5 

Submarines 9 

Neutral property, liability 109 

Neutral, right i 5 

Neutral, surveillance 5 

Neutral waters : 

Capture in 4 

Prize law 4 

Niger 4 

Obligation 1 

Occupation, territorial waters 190 

Occupied territory 109 

Papers 112 

Concealed 42, 112 

Defaced 112 

Destroyed 42, 112 

False 42 

Fraudulent 112 

Lack of 42 

List 38, 40, 41 

Suspicious 42 

Parcel post 101 

Persons, domicile 109 

Pillage 183 

Pilots, employment of 9 

Port, meaning of 64 

Postal correspondence 100 

Destination 101 

Inviolability : 102 

Prisoners of war 176, 191 

After war 193 

Attempt to escape 192 

■Care of in joint land and sea operations 194 

Grade 192 

internment in neutral territory 194 

On land 192 

Parole 192 

Transfer to neutral vessel 194 

Treatment 191 



204 INDEX 

Page 

Privateers 119 

As pirates 119 

Privateering abolished 119 

Prize: 

Adjudication 83 

Capture without probable cause 85 

Care of 48 

Certificate of valuables 51 

Crew , 64 

Definition 45, 48 

Delivery 65 

Delivery to court 83 

Destruction of 72, 73, 77 

Formalities 48 

Loss at sea 52 

Perishable goods 51 

Personnel — 

Bringing in 62 

Exempt 59,61 

Hospital ships 61 

Man-of-war 1 57 

Merchant ship 57 

Nationality 59 

Neutral nationality 58 

Neutral vessel 61 

Parlementaires 61 

Passengers 60 

Release 62 

Resisting capture 59 

Taking part in hostilities 60 

Release 5,67 

Removal of cargo 71 

Removal of persons 71 

Requisition 68 

Responsibility 85 

Unseaworthy 66 

Use of vessel 71 

Prize master 52 

Prize officer : 

In command 53 

Inventory 54 

Journal .1 54 

Landing 55 

Log 54 

Precautions 53 

Transshipment of persons 55 

Treatment of personnel 55 

Probable cause, definition of 85 

Products, enemy soil 108 

Property liability 111 

Radio 179 

Detention of vessel 181 

Liability of vessel 180 



INDEX 205 

Radio — Continued. Page 

Register of messages 181 

Strategic area 181 

Unneutral service 180 

Radio coast station 182 

Ransom 81 

Recapture 84 

References, explanation of . ix 

Regulations : 

Application 2 

Declaration of London 1 

Declaration of Paris 2 

Enforcement 2 

Extent 1 

• Special 11 

Repairs . 8 

Requisition 68 

Forbidden 72 

Of persons 184 

Resistance 43, 106, 111 

Retaliation 190 

Right of visit: 

Approach 22 

Method 22 

Rule of 1756 106 

Seizure, definition 45 

Sequestration : 

Definition 72 

Forbidden 72 

In neutral port 72 

Of prize 72 

Shipwrecked 193 

Sick and wounded, ill-treatment 197 

Sojourn : 

Extension 7 

Number of vessels 7 

Regulations 6 

Religious, scientific, philanthropic vessels 7 

24-hour interval 6 

Victualing and coaling 8 

Spies : 

Definition 191 

Previous act 191 

Punishment 191 

Submarine cables 178 

Unneutral service 178 

Submarines, in neutral waters 10 

Suez canal 3 

Suspension of arms 197 

Termination of war 197 

Territory, occupied 109 

Title 84 

Torpedoes, prohibitions 184 



206 INDEX 

Page 

Transfer of flag 104, 105, 113 

Before war 113 

During war 115 

Transmission of information 171, 172, 175 

Definition 176 

Transport : 

Enemy troops 172 

Military persons 171 

Transporting a military detachment 173 

Unneutral service 111. 112, 170 

Definition 170 

Direct 177 

Indirect 173 

Vessels : 

Allies ' 87 

Communicating with the enemy 87 

Conversion 120 

Definition 19 

Distinctive features 20 

Enemy character 103 

Enemy license 104 

Fictitiously sold 106 

Hospital ships 91 

Liability 110 

Licensed 93 

Merchant, armed 2fr 

Merchant, Chinese 20 

National character 87 

Neutral 109 

Liable to capture 10& 

Of war, definition 19 

Religious, scientific, or philanthropic 91, 98. 

Small coast fishing 91 

Small, employed in local trade 91 

Suspicious 106 

Transfer 105, 

Transfer of ownership 104 

Transferred during voyage 104 

Victualing 8 

Visit and search 113. 

Approach 22 

Attempt to escape 43 

Boarding 24,25 

Bringing in for 26 

Complaint 34 

Courtesy 27 

Delay 33 

Diverting vessel 26 

Examination of papers 27, 28, 29 

Exercise of — General 19 

Flight 43 

Manner 26 

Memorandum 35 



INDEX 207 

Visit and search — Continued. Page 

Method 16, 17, 18, 21 

Nature 27 

Papers 38 

Papers as evidence 39 

Place 16,18 

Purpose 16, 18 

Procedure 20 

Procedure without boarding 25 

Record in log 37 

Release of vessel 33 

Report 34 

Resistance 43 

Right - 17, 18 

Search 29 

Sending papers on board 26 

Sighting of vessel 21 

Summons 21 

Time 16,17 

Use of force , 35 

Vessels exercising 19 

Warfare : 

Aircraft 183 

Asphyxiating gases 183 

Discharge of explosives 183 

Expanding bullets 183 

Limitations 182 

Means and methods 182, 183 

Perfidious and barbarous 183 

Pillage 183 

Prohibitions 182 

War vessel, conversion of 121 

War zones 189 

Wounded, care of 193 

Wounded and dead 193 

Search for 195 

Wounded or sick, transfer to warship 193 

6888—26 15 

O *~